Agenda — Cudahy City Council, March 18, 2025 (part 4 of 13)

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EXHIBIT “D”

SITE AND FLOOR PLANS

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MAX. TRAVEL DISTANCE = 140'-0" MAX. TRAVEL DISTANCE = 149'-2" 2 3 4 5 6 7 8 ABCDEF 1 9 2 3 4 5 6 7 8 1 9 ABCDEF JOB NO.: DRAWN BY: PA / PM: DATE REMARKS

INFRASTRUCTURE

ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com ARCHITECT / CIVIL ENG. CONSULTANT STAMP THIS DOCUMENT, WHICH CONCEPTS, DRAWINGS AND INCORPORATES THE DESIGN SPECIFICATIONS IS THE PROPERTY AND COPYRIGHT OF INFRASTRUCTURE ENGINEERS AND SHALL NOT BE USED IN WHOLE OR IN PART ON ANY OTHER WORK WITH INFRASTRUCTURE EXCEPT BY AGREEMENT CUDAHYGRO ENGINEERS. 4311 SANTA ANA STREET
CUDAHY, CA 90201
Fri, 17 Aug 2018 08/03/18 - CUP RESUPMITTAL A0.5
OCCUPANCY AND EGRESS PLAN A.D. SCALE: OCCUPANCY AND EGRESS PLAN A 1/8"= 1'-0" 716 SQ. FT DELIVERY OFFICE 132 SQ. FT OFFICE 143 SQ. FT JANITOR'S 37 SQ. FT CLOSET GOWNING ROOM 204 SQ. FT NURSERY 1153 SQ. FT 705 SQ. FT & LABELING PACKAGING VAULT 143 SQ. FT 490 SQ. FT RECEIVING SHIPPING & CULTIVATION 1460 SQ. FT EXTRACTION 424 SQ. FT 718 SQ. FT DRY / CURE TRIM 171 SQ. FT POST-PROCESSING 449 SQ. FT COMMERCIAL KITCHEN 885 SQ. FTSECURE 582 SQ. FT STORAGE59 SQ. FT STORAGE COLD SHOW ROOM 59 SQ. FT OFFICE 73 SQ. FT 65 SQ. FT SERVER SECURE VAULT 73 SQ. FT 632 SQ. FT DISTRIBUTION RECEPTION CULTIVATION 1008 SQ. FT UNISEX 112 SQ. FT RESTROOM UNISEX RESTROOM 64 SQ. FT ELECTRICAL ROOM 180 SQ. FT CORRIDOR 198 SQ. FT NURSERY EQUIPMENT YARD FERTIGATION ZONE / LEGEND RESTROOM SUMMARY MAXIMUM TRAVEL DISTANCE TO EXITS: OCCUPANCY & EXIT LEGEND OCCUPANT LOAD CALCULATIONS 456 SQ. FT BUILDING SECURITY FERTIGATION ROOM 128 SQ. FT

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SANTA ANA ST.

SALT LAKE AVE.

CL
CL JOB NO.: DRAWN BY: PA / PM: DATE REMARKS

INFRASTRUCTURE

N LEGENDS SITE NOTES EXISTING BUILDING ±12,000 SF ADDITION EXISTING ±950 SF EXISTING ELECTRICAL ROOM ±212 SF EXISTING SHED TO REMAIN N.I.C. EXISTING SHED TO REMAIN N.I.C. EXISTING SHED TO REMAIN N.I.C. BUILDING SECURITY ±456 SF PARKING CALCULATIONS ZONE: INNOVATIVE INDUSTRIAL APN: APN: ZONE: INNOVATIVE INDUSTRIAL SINGLE FAMILY USE: RESIDENTIAL USE: COMMERCIAL / INDUSTRIAL ZONE: INNOVATIVE INDUSTRIAL WINDOW MANUFACTURER ZONE: INNOVATIVE INDUSTRIAL USE: COMMERCIAL / MANUFACTURER WINDOW INDUSTRIAL PROJECT INFORMATION LANDSCAPE CALCULATIONS BOTH PROPERTIES SHARED ACCESS TO USE: COMMERCIAL / INDUSTRIAL ZONE: INNOVATIVE INDUSTRIAL WINDOW MANUFACTURER ZONE: INNOVATIVE INDUSTRIAL SINGLE FAMILY USE: RESIDENTIAL ZONE: INNOVATIVE INDUSTRIAL SINGLE FAMILY USE: RESIDENTIAL ZONE: INNOVATIVE INDUSTRIAL SINGLE FAMILY USE: RESIDENTIAL ZONE: INNOVATIVE INDUSTRIAL USE: RESIDENTIAL SINGLE FAMILY ZONE: INNOVATIVE INDUSTRIAL USE: RESIDENTIAL SINGLE FAMILY ZONE: INNOVATIVE INDUSTRIAL ZONE: INNOVATIVE INDUSTRIAL SINGLE FAMILY USE: RESIDENTIAL USE: RESIDENTIAL SINGLE FAMILY ZONE: INNOVATIVE INDUSTRIAL USE: COMMERCIAL / INDUSTRIAL ZONE: INNOVATIVE INDUSTRIAL WINDOW MANUFACTURER 6

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JOB NO.: DRAWN BY: PA / PM: DATE REMARKS

INFRASTRUCTURE

N LEGENDS SITE NOTES SCALE: ENLARGED SITE PLAN
B 1/16"= 1'-0"

N EXISTING BUILDING ADDITION EXISTING EXISTING ELECTRICAL ROOM BUILDING SECURITY

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2 3
4 5
6 7
8 ABC
D
E
F
1 9
2 3
4 5
6 7
8 1
9 ABC
D
E
F JOB NO.: DRAWN BY: PA / PM: DATE REMARKS

INFRASTRUCTURE

N LEGENDS DEMOLITION FLOOR NOTES WALL LEGEND

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2 3
4 5
6 7
8 ABC
D
E
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1 9
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F JOB NO.: DRAWN BY: PA / PM: DATE REMARKS

INFRASTRUCTURE

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EXHIBIT “E”

ADDITIONAL BUSINESS STANDARDS
(IF APPLICABLE)

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ATTACHMENT D.

Planning Commission Draft Minutes
September 17, 2018

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ACTION MINUTES

CUDAHY PLANNING COMMISSION
A Meeting to be held in the City Council Chambers,
5240 Santa Ana Street, Cudahy, California,
Monday, September 17, 2018 – 6:00 P.M.

1. CALL TO ORDER
Vice Chairperson Alcantar called the meeting to order at 6:23 p.m.

2. ROLL CALL

Present: Vice Chair Alcantar
Commissioner Becerra
Commissioner Corvera‐Hernandez
Commissioner Ortega

Absent: Chairman Fuentes
Staff Present: Interim Community Development Manager, Salvador Lopez Jr.

Economic Development Principal Planner, Ebony J. McGee Andersen, Deputy City Attorney, Martin De Los Angeles
Special Counsel, Vincent F. Sarmiento

3. PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Vice Chair Alcantar

4. PRESENTATIONS – NONE

5. PUBLIC COMMENT
Vice Chairperson alcantar announced that this was the time set aside for citizens to address the Planning Commission on matters relating to Commission business. When addressing the Commission please speak into the microphone and voluntarily state your name and address. Each person will be allowed to speak only once and will be limited to five (5) minutes. The proceedings of this meeting are recorded on audio CD.

Adriana Leanos: My name is Adriana Leanos, and I live here on Santa Ana Street. These are my father (Raul) and mother‐in‐law (Angelica Martinez) and we’ve come to express ourselves, that we are not, we don’t want them to have these things going on because I have kids and we still smell the smoke from people that smoke the pot and it’s not healthy for our kids and it goes into our house even though there is rules, but it goes into our house and unfortunately, we can’t tell them “Hey, don’t smoke” because of the laws that are approved now. They go outside in the car and they smoke, and everything goes inside. So, we are basically against this to be held upon our kids.

Angelica Martinez (Spanish) – I do not want the marijuana to be approved. Because we can’t stand our resident’s neighbors anymore who continue to have parties and we can no longer tolerate it.

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And if there is more, it is going to get worse. How will you assure that there will not be any more crime in the city? and we prefer that you do things to improve the schools and concentrate on speed bumps around the schools the community.

Patricia ‐ Hello, my name is Patricia, I’m a resident of Cudahy for more than 25 years. Um you guys already approve 21 dispensaries. You guys need more? Two, three more? I don’t think so. we don’t need no marijuana dispensaries right here in Cudahy. It says testing. We’re going to be smelling what they are manufacturing, the smell, the stinksfor our kids. There’sfive schoolsin Cudahy, three parks, we have a lot of kids, a lot of working people. We need things for the community. We don’t want no more dispensaries. You’re running Elizabeth? You’re running for council member? Are you ashamed? You already approved 21 dispensaries. And you’re telling the people you work for Lugo Park? You and Baru you voted against the Lugo Park. Baru said no, he doesn’t want no money going towards Lugo Park but you guys are approving dispensaries? And you guys live here in the city? You guysshould be ashamed. We don’t need no more dispensaries. We don’t need marijuana here.

We don’t need cannabis or whatever you call it. We need things for the community. Even if you laugh, Ortega.

Carmen Beltran (Spanish) – I’m a resident of Cudahy for 28 years and I have my own home and truly we’ve been fighting against you this for two years about the Marijuana. You guys know that we have tried to pass the referendum/initiative and you have kicked it back. But the truth is that the citizens are fed up and it’s not fair for you to do this because the people here in this community are poor, but they are honest, and they want a clean city. You can’t tell me that there will be security, and nothing will happen, and that marijuana is legal and everything. The politicians are now “narcopoliticians”. This is not good for a community at all. Yes, marijuana is medicinal and is legal, but its only legal for those who are narcopoliticians. When was there ever a crime in the beautiful city of Whittier? Looks at what’s happening to the city of Whittier a year later after bringing in dispensaries. Go and take a look at their crime rate increase. It’s true. If you don’t watch the news and you are not up to date, it’s not a joke. You guys made the city a sanctuary city? For what? To no listen to the residents. Here the people are poor and humble, and we are one of the safest cities in California. I’ve been reading a lot of statistics and honestly, place your hand on your conscience because in reality the councilmembers only came to Cudahy to use it as a stepping stone to become politicians and it’s not fair. The people are not dumb. Again, place your hands on your conscience, there are 5 elementary schools in Cudahy. Is this the type of neighborhood that you want to give the kids from those 5 elementary schools? We don’t marijuana cultivation in Cudahy. We are not dumb, we are up to date. Elizabeth, you know didn’t want to pass the thing at the Catholic school.

But it’s true, people are tired of not having politicians for the people. They are narcopoliticians and it’s not fair.

Having no further speakers – Public Comment was closed.

6. WAIVE FULL READING
A. Approval to waive the full text reading of all resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title only.

Recommendation: Motion to waive the full text reading of all resolutions on the agenda.

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MOTION: Commissioner Corvera‐Hernandez moved the motion to approve item 6A, motion seconded by Commissioner Ortega, which carried with the following roll call vote:

Ayes: Commissioners Becerra, Corvera‐Hernandez, Ortega, and Alcantar Noes: None
Abstention: None

Absent: Chair Fuentes
Motion Approved

7. PUBLIC HEARING
A. Commercial Cannabis Permit (CC) No. CCP18‐0011 and Development Agreement (DA) No. DA18‐ 011C (Location: 8210 Atlantic Avenue, Applicant Aqua Tergere, LLC):

Economic Development Principal Planner McGee Anderson presented a powerpoint presentation providing an overview of the proposed project, overview of the community benefit, current locations/applications that have been approved, and what has been received thus far.

Interim Community Development Manager Lopez clarified that the item presented was item 7B on the agenda.

Vice Chair Alcantar asked staff to clarify which applications were approved at the last Planning Commission Meeting.

Principal Planner McGee confirmed that Natures Natural and Nyce Guys were the two applications approved at the last Planning Commission Meeting.

Vice Chair Alcantar declared the public hearing open for agenda item 7B.

PUBLIC COMMENT:

Adriana Leanos: Again, my name is Adriana Leanos and basically, the same thing, I do not approve.

We have children, it’s awful having your child grow with that smoke around them.

Again, my name is Hope. I’m not against it. If they have a medical condition, they need it. It’s recreation. They have to go somewhere else. I have seen people in Elizabeth park smoke. My son used to go to that school. The police person outside in the morning had to go to the park to get someone there. It’s horrible seeing our kids in a playground, in a park having to see people smoke for recreation. There is people that need it. I’m not against the people that need it but there has to be a solution where kids don’t have to see that, smell it. Again, we’re a small community. Five schools, there isfive schools and there is a lot of elementary kids here that I’ve seen walking around Elizabeth Street. If you don’t have kids, I urge you to think about when you have kids what’s the future their going to grow into. We’re a small community, we’d like to have our kids grow into a better future. I saw the picture you have of kids playing, why not invest in kids playing, education is the first thing that comes into a mother’s mind because kids are the future of tomorrow. If you

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teach your kids that’s normal, that that’s because they are sick, your kids going to grow up thinking, “oh that’s normal, I’m going to smoke”, What’s happening with those commercials that are coming out? Kids are thinking about the one that tastes like candy. Your kids are going to think that’s normal. We need to think in the future. You’re all young. Most of you must have kids or grandkids, cousins, nieces, nephews. Think about the little kids. I have a six‐year‐old, a five‐year‐old so I have to so I urge you to think about that. As a mother I think about that. Thank you Carmen Beltran My name is Carmen Beltran, I just want to say that I know the neighbors who are in the houses adjacent to this facility and he is totally not in support of this. He says that he was never notified of the meeting and I think that they are. He has many properties in this community and it is not fair that he wasn’t notified. Where are the people.

CD Manager Lopez indicated that the City, as part of the cannabis application process, is required to notify all property owners within 300 feet of the said property. Public notices were sent out to every property owner within 300 feet.

ADDITIONAL PUBLIC COMMENT:

My name is Marco Covarrubias. I’m a resident of Cudahy and myself, I’m probably against the distribution, manufacturing etc. of marijuana, and right here we have a person running for city council and the public in the city is very interested in finding out if you support this type of business.

And I got a lot of people who knows that you’re running, and sometimes they don’t believe that you are supporting this business. But we will take the message to the church, to the residents, we’ll do the best we can to distribute the information that you are supporting this and the rest of the people supporting it. I see if this 1, 2 or 3 but 20, that’s the number that we keep hearing. 20 possibly 23.

You guys are going beyond reasonable. So, but anyway that information is troubling and we going to remember that. I’ll take the message to the voters that you are supporting it. And there’s people right here, writing with their telephones to hear the way you want to go. Thank you Chair Alcantar closed public comment.

Ebony provided the following clarifying comments:

The Ordinance for the City is only medicinal. So, all of these licenses are for medicinal cannabis only.

We don’t allow any dispensaries or any recreational or adult use at this time.

Vincent Sarmiento addressed the Commission.

Sir, if you don’t mind, so madam chair, and members of the commission. I am Vince Sarmiento, Special Council for the City of Cudahy. Because you are in a formal hearing, you want to make sure that you limit the dialogue. It’s more the opportunity to speak for the public, and for you to absorb that, and for you to deliberate amongst yourselves, and then to ask questions of staff so you can have a clear record.

Principal Planner McGee provided additional comment:

Also, commissioner, there are all of the permits have a provision that prevent any of the operators

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to allow any on‐site consumption. That’s also a state law so we can’t approve anything that would allow on‐site consumption with any facility. So, if you have a commercial cannabis license you can’t smoke on the property so that would not be happening. If they did that, it would be in violation of the permit. The last thing isthe odor control, we talked about this at our last meeting, but I just want to talk about or bring it up again. We have an odor control plan for every facility. The state also requires one. Those are reviewed and any emissions that exceed the thresholds that would also be analyzed by the AQMD. (Air Quality Management District) Vincent Sarmiento provided additional clarifying comments.

A couple more additional clarifying comments just for the council’s information. Anybody who didn’t receive notice, because as you know notices were supposed to be mailed to anybody who is a property owner. Sometimes because they are tenants they don’t receive those, and it goes maybe to somebody who is out of state or out of the area because their the record owner. In the event that they don’t have the chance to come here, there will be two other opportunities. First reading of city council in the event that this gets adopted. So this won’t be the only time for residents who are not here today, have the opportunity to comment?. And the last thing was, I believe when the presentation was made, it was $800,000 for the community benefits, that’s on an annual recurring basis. Just for clarity.

Principal Planner McGee provided additional clarification:

And just for clarification, we did put out noticing for the 300 radius, as well as the website and as well as city hall. All three.

Vice Chair Alcantar asked if the applicant would like to come forward with answers, comments, or anything.

COMMISSION COMMENT:

Commissioner Ortega addressed the audience:

Alright, I really want to thank. I’m sorry, I didn’t catch your name. I really want to thank you for coming out and bringing your in‐laws. I think all of your points are valid. I thank everyone else for coming who has concerns about the agenda items tonight. I think we can agree that we don’t like the public use of it. You know if you’re walking down the street and you’re smelling it and you’re around kids smoking it. I think we can all agree that that is a problem. But, other than that, I do want for the record and for transparency reasons, there was an accusation that I didn’t live in the city, I do live in the city. I wouldn’t be here if I wasn’t living in the city. And so, that’s it.

Vice Chair Alcantar provided the following comments:

So, I do have some comments about this project in particular as well. One issue and I had brought it up with some of our council members is when we were talking about the general plan and what our city would look like in the future, we have community members when we have these planning meetingsthat was not open??? We had talked about Atlantic Blvd being a commercial corridor, with like, I think most of us envisioned restaurants, nightlife, store fronts. We had talked about mixed

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use buildings and so what I envisioned as a commissioner but also as a resident was you know first floor, second floor restaurants, again, all these stores that I mentioned and then the top being housing. So, this definitely variesfrom what we had been talking about. Um,so I think from the very beginning, I brought up Atlantic Blvd, I think in conversations with Commissioner Ortega as well.

That Atlantic Blvd, specifically this project was a huge concern for me because it is on Atlantic Blvd. and secondly, its right next to the DPSS office which I think is a huge concern. Its’s next to an office that’ssupposed to be serving the community with food stamps, medicare, and so for me, this project is really, really, tough for me to look atseriously. Um, I know the council will have their opportunities 1st, 2nd readingsto make their decisions. For me, those two are the biggest concernsfor this project.

Ebony thanked Madam Chair and responded with the following:

Just to respond to that. This project, this parcel, isn’t actually on Atlantic. This parcel is actuallyin the rear. The property in front of it is. So that would still be subject to the primary entertainment use. I totally understand what you’re saying, you did think aboutthat and we did have conversations about that. But it’s a very small facility and whatever is proposed for the parcel in front of it would pretty much walk in from the site. That is one of the reasons why this, and it meets the zoning. So that’s why we are here today. But we do have some security measures in place on this property in which it will have the block wall and the fencing to separate it from whatever will be in front of it along Atlantic. So, it will be stand alone. It does include that five‐foot buffer to the city for landscaping and all other provisions.

Vice chair Alcantar response:

Okay and then my fourth questions would be I guess, when I was asking questions about thisspecific project and it being so close to the DPSS facility, the response that I received was that the DPSS building will not be there for long. So, I’d like to hear about that from city staff as well.

Ebony’s response: I do believe that the Council is thinking about doing something like a Civic Center, giving future housing, a future place for the civic institutions in the city, including and city hall and DPSS. We did notify DPSS about this project, but we didn’t receive any comments from them. So, they didn’t object to the project.

Alcantar asked a follow‐up question:

But, if I can also know for my record, does the notice go out when the agenda items go out, or when the applicant submits?
Ebony’s response:

It goes out 10 days before the hearing. That’s a legal requirement.

Vincent Sarmiento provided additional comment/clarification:

And one more thing, madame chairwoman, is that the enabling ordinance, ordinance 673, specifically has in there the issue with Atlantic. So, it has to be bound to a, if there is any cannabis use, or it’s related use. It has to be tied to an entertainment function. Just so that part of the street

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is kept, the integrity of it is kept the way you want it. And the way the policymakers wanted it to be activated so this one is set back. If it were on the frontage, if it did have anything exposed to Atlantic, it would have to be tied to some other entertainment use. But this one isn’t obviously, so this one is set back, and it wouldn’t fall under that. But you do have some prohibitive language in your ordinance that prevents anybody from having a storefront.

Vice Chair Alcantar asked for additional commission comments.

Commissioner Becerra provided the following comment:

I just want to clarify some facts regarding dispensary licensing, I just want to clarify and make clear and definitively say and have everything cleared up. There aren’t any dispensaries. There aren’t any dispensaries. How many operators are having to go through this vetting process? Principal Planner McGee responded:

Well we have a total of, about we hear the number 20 because that’s how many operators we have, but we really only have 13, we’ll we have a total of 14 proposed locations. One is going to be a full development project so that won’t happen until sometime next year. Um, if it goes forward we, that one’s on hold so we have 13 approved or authorized to be presented to your council projects. Which I think you’ve heard 7 so far. So those are the 7 licensed facilities that we have currently, and this will add to that which will make 9. It’s a total of 14 development agreements. None of which have dispensaries, none of which are open to the public, um and none of them allow on‐site consumption.

Vincent Sarmineto provided additional comment:

Commissioner, everything you’ve adopted to this point is the same way. Right, so your ordinance prohibits you from granting a license or permit to a retail operator, a dispensary. So, it’s forbidden, you couldn’t move forward in any event. None of the applications submitted so far are anything but the supply side. So, It’s for the manufacturing, for the production. So, it’s not going to be sold here.

It’s for other communities that have decided to go ahead and have that retail dispensary use. And you should know that a lot of these operators that are eligible that Ms. McGee spoke about, that doesn’t mean that they are going to by right to come in. They are still in the process, some of them may not make it, some of them might decide not to move forward so, that number 20 is sort of an abstract number. That’s how many applied, but they may not all make it for reasons of such as finances and being able to go ahead and make it.

Commissioner Becerra provided follow‐up comment:

Appreciated the comments. Like what you had to say about your children for instance. I for one am not a fan of the smell. But it appears that this is for medicinal purposes. I have a disabled father who is completely incapacitated mentally and cognitively. In so far as rather than having him, giving him some opioids. You know there’s a big opioid crisis in this country. I have provided my father with some medicinal components of a cannabis and it’s been effective. I just wanted to make that point about the recreational use, I’m certainly not a big fan of it. Thank you for raising those points. I do agree with what you said about the sometimes, unfortunate consequence of the legalization of it, leads to delinquency. But uh, I think like with most liberal decisions, if you weigh the pros and the

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cons in so far as this is concerned, this is all medicinal. I do not believe this is going to foster an increase in the delinquency or recreational use. On the contrary, I think it will be beneficial. Again, my father has an illness. Again, on the recreationalside, I agree with you 100%. Thank you forraising those points.

Vice Chair Alcantar called for an entertainment of a motion. 1st MOTION: Commissioner Becerra moved the motion to approve item 7A, motion failed due to lack of a 2nd.
2nd MOTION: Vice Chair Alcantar moved the motion to deny item 7A, motion seconded by Commissioner Ortega, which carried with the following roll call vote:

Ayes: Commissioners Corvera‐Hernandez, Ortega and Alcantar Noes: Becerra
Abstention:

Absent: Chair Fuentes

Motion Approved 3‐1

B. Commercial Cannabis Permit (CC) No. CCP18‐0002 and Development Agreement (DA) No. DA18‐ 002C (Location: 4311 Santa Ana Street, Applicant 420 Realty):

Economic Development Principal Planner McGee Anderson presented a powerpoint presentation providing an overview of the proposed project.

Principal Planner Mc Gee indicated that one public comment from an adjacent property owner was received. They expressed concerns about security and safety in general, welfare of the community as well as property values.

Vice Chair Alcantar asked if there was a copy of the comments.

Principal Planner McGee indicated that they did not submit it in writing. They just called. Ebony was able to talk to the property owners and address all of the concerns and invited the property owners to the hearing or to submit formally. They just have to submit verbally.

Vice Chair Alcantar asked if the applicant was in attendance and asked if the applicant would like to give any comments, or if there are any questions from the commission to the applicant.

Vice Chair Alcantar opened the public hearing.

Public comment:

Hi, my name is Miranda, I’m a lifelong citizen of Cudahy. The problem that I see arising from 420 Realty is not necessarily the industry that it represents, but, it’s a facet of High Hamptons holdings, which is a multi‐million‐dollar industry and when big money comes into play in a small city, problems arise. I, y’all are the representatives of the city, of the community itself, the people

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and seeing that we have history in Cudahy of corruption and the likes of that. On top of that the CEO of High Hamptons is a public servant themselves. They are a council member in the city of La Puente, and I just don’t like the conflict of interest there. I just don’t like the possibilities it can bring to the city and just putting like it out there like full disclosure. I don’t feel comfortable with the possibilities. Thank you.

Adriana Leanos. So, this is the first meeting I’ve come to. I just did get the paper but in English, again. So if it was, if we had the paper in Spanish I think more people would come here and see what’s going on with our city. Because unfortunately, it’s not possible because most of our residents speak Spanish. It has to be in dual language. For the other ones, I live close to Atlantic. I did not get the one from, that’s at Salt Lake and Atlantic, like I was not notified about that I am close to that plant. I did get the one from here. The second thing, we are going to have problems, you’re saying it’s not maybe going to bring problems into the city but in the long run. it is going to be a problem here having this type of activity. I’m not against you know like medical because I have friends that need it for medical reasons, but again recreational, it is going to bring, even if its’ not recreational and if it’s permitted, we’re going to have problems in the city. What is going to be the solution? I’m just going in the long run, if you approve this what’s your solution to us as residents, what’s our, how are you going to protect us against all these people that they are going to be smoking? How are you going to protect our kids about seeing this daily? What’s going to be the solution in the long run, if this is approved? Which I am against and my family is against because we have people smoking for recreational next door to us. So, I need to see both sides as well. I know you guys want to bring money through this to our city, but I think there will be other ways to hopefully bring money to the city, for our kids and our community. Kids are our future.

Just think about that, we are all grown up now. We all grew up through our phase. The future is already here for our kids. Let’s educate our kids, give them programs for sports, reading. I don’t know, something that makes their minds think and grow because they are going to be the future of this city, of this community, of this country, of this planet. We don’t know if the next person is going to be here in our city, so we need to focus on the education. Kids are growing now to see something that we see regular everyday. So, again, as parents, as brothers, sister, whatever you want to call it, just think about that because this is the future of our family. And I’m a resident here, we just bought our house, we’re 2 years in our house. We love this city. We bought our house here because we love this city. So, if that’s going to be the case, if that’s going to be happening, we might as well sell. And that’s going to be happening with a lot of people because things are going to be going down, instead of going up.

Vice Chair Alcantar asked if there were any other comments.

Good evening everyone, my name is Maria Jimenez, I’m a resident from Cudahy. I just want to know like, what’s going to be like the next step. So now we just have these businesses, these dispensaries, but what is going to be the next step? We don’t know, and my other question is why are we here talking about this? Not talking about bringing a nice supercenter like we have in South Gate? Why are we talking about cannabis? I respect that you people that use it, um because of their condition, but it’s really sad, in the city now. Seeing those kids in the parks, and then you know like um the people who has like kids really worried about it. And I’m worried why? Because like one of those business is gonna be next to my house and I never was aware of that, and I don’t think that’s right. We sold the city for $800,000? Really, when we can cut the salary of the city manager, we can cut the salary of the city attorney, so to bring that money. So, you guys are

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putting at risk our city for $800,00. Just think about it, there’s other ways.

Vice Chair Alcantar asked for additional comments and indicated they are closing the public comments.

Principal Planner McGee Ebony: Madam chairman, just one clarifying comment. Um, the approximate $800,000 contribution is for the community benefit program only and the city will also get the operational fee of 1‐2% of gross receipts for all licenses.

Vince Sarmiento ‐ Just to go ahead and piggy back on that. A little more context, that will, over the 10 year period that most of these operators will be granted approvals on will aggregate to $9.3 million over that 10 year period. So that I do think in the staff report that you saw that their economic development ad‐hoc that was created was to study all forms of economic development.

It wasn’t just limited to cannabis, if the city decides to move forward. But um, there has been an increase in your bond rating that was just presented to your staff. It went from a (BB) which is fairly low rating to an (A+). A lot of it was based upon the forecasting for the new revenues that are going to be generated from cannabis. One of the things I wanted to mention to the commission as an admonishment, that um you’ve already approved many applications that are very similar to the ones that are coming before you tonight. So, to the extent that you treat some differently than others, it invites lawsuits and challenges and to this point, you haven’t had any challenges from any of your applicants, which is very rare. For most communities that venture down this path have tons of litigation and it’s embedded in the cost. So, to the extent that you have to have reasons that are justified and that can be upheld, the applicants that are denied, will have very or similar situations as previous applicants that you have approved will have standing to file against the city. So that’s just something that we want to make sure you all know about as you deliberate. To the extent that any cost has been expended for processing, administrative fees, review, all of those that you have been borne by the applicants and not the residents here in Cudahy. But it’s a very serious decision that you are making, and you want to make it not of for purposes of being inconsistent. You want to make sure that all the decisions that you make with the previous approvals are consistent with the ones that you make for your denials. And there has to be some very clear findings for them.
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Vice Chair ‐ Any questions from the commissioners?
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Commissioner Ortega ‐ Going back to the residents who came and provided some public comments, thank you once again for coming out and being civically engaged. Um, moving forward, I’d definitely like to continue seeing you all at our meetings to provide input. I think both of you had some very valid points about what you want to see in our city moving forward regarding the planning of Atlantic Blvd, so I just really want you all to continue coming. I think that you know uh, we sit through these meeting every month with maybe one or 2 people, and the fact that we had a few residents engaging with us is really important. _________________________
Audience member ‐ How do I know when the meetings are?
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They are posted on our website, and it’s the, what is it the 3rd _________________________
Sal: Planning commission meeting are the 3rd Monday of every month at 6 o’clock and our city council meetings are 1st and 2nd Tuesday of every month. I’m sorry 1st and 3rd Tuesday of every month, council. 3rd Monday for Planning Commission.

I have a quick question?
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Vice Chair ‐ Um, we would have to reopen the public hearing because it is closed now. Uh so I want to mention that I don’t know how my fellow commissioners will be voting tonight. Uh, but I want to mention that whether it’s a yes or no vote, again, as was mentioned earlier, there are two other opportunities. We are a recommending body, we are not the sole decision makers. It goes to the city council so uh, whether it’s yes or no tonight. There are two other opportunities for you to voice your concerns and to change whatever vote or keep it the same. _________________________
Vince Sarmiento ‐ And just to clarify, madam chair, it’s only if the applicants decide to appeal the decision from the Planning Commission.
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Vice Chair ‐ Yes, thank you
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Vice Chair ‐ Okay, any questions for the applicants from the commissioners? _________________________
Actually, I do have some questions. Um regarding…
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Can you please step forward?
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Are these to the staff or the applicants? Ok.
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Actually, both.
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Okay.
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Commissioner Becerra ‐ I just wanted to clarify some comments made by one of the residents.

Um, there was a point made that the CEO of Hamptons Holdings from what I understand is a public official, so can you elucidate that point you made about…there’s no sort of conflict

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conducting any business in another city, while you’re a sitting official in another city right? _________________________
Vince Sarmiento ‐ Yep, there is nothing in the enabling ordinance before you that governs the regulations of cannabis in the city of Cudahy. Nor really is there anything statewide that prevents you, a person, whether it’s an appointed person like yourselves, or an elected from holding an office or having some interest in another city. The conflict happens when it’s in the city that you govern in. So, let’s say that you as an appointed, or one of your electeds wanted to apply here wanted to here, the conflict is clear but to the extent that any of you or any other elected do business outside of the jurisdiction that they govern in, it’s completely open. _________________________
Commissioner Becerra ‐ Yeah, I have some more questions, but I think it’s ok. I’d like the operators to present their information first.
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Sure, sure.
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Richard Polanco: Good evening, commissioners, please let me begin my comment by thanking you and acknowledging you for living in the fishbowl, and being part of the Sal: Sir, can you state your name for the record please.

Richard Polanco: My name is Richard Polanco.

Thank you
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Ricard Polanco: I’m a former State Senator. I had the honor of serving 16 years in the state legislature. I come before you as the chairman of the High Hamptons Holdings Company but also as someone who is very community sensitive and can understand the need and concerns that have been expressed by the residents of this community. Let me begin again by stating that my interest when I termed out of office in 2002, we created a non‐ profit to train newly elected official’s we launched a program that dealt with the issue of enhancing our community’s presence in Sacramento through a fellowship program. I share that with you because I come from a community organizers perspective. I grew up in Los Angeles, across the street from the Maravilla Housing projects. And so, please don’t misinterpret or misperceive the real me. The real me is about making change that is equitable so that the community is winning as well as those who come before it. Bodies like yourself that we create an opportunity that is transparent, being a public company, we are transparent. Um, we go through a very rigorous um backgrounds at all levels, and we report quarterly to the public. So, we’re not a fly by night. We have chosen to come to and participate in the City of Cudahy along with other investments that we have made throughout the state of California. We have made an investment in the community of West Sacramento, we have made an investment in Oakland, we have made an investment in the Coachella Valley, which is where the infamous High Hamptons began. And so, I want, and I would ask, my request would be for each and every one of you as you sit there to really look and if you

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feel that this is going to be a benefit to the community, not just in the sense of the $800,000 revenue enhancement that comes, that is earmarked for community based activities. Uh, but beyond that, we want to partner with you, we know that the cannabis medical side is not really new to California. When I served in the Legislature in 1996, the very first law that was passed by the voters was back then. As a member of the Public Safety Committee, we had this kind of discussion, where people came with the concerns that you have raised. So, my point in raising that is that really the medical side of cannabis has been around in California in statute for a very long time. What we have today is really more regulation, and if you really, to simplify the manner in which it is operating. Look at it as if an individual comes, to the city, the planning commission, being the integral part, wishing for a permit for alcohol, or for beverage related activities. The state has now had a year of public input, the state has now created several different entities that will monitor, that will track, and that will bring the kind of transparency that is necessary to protect the public’s interest. It’s one thing to set up the operation, it’s another to ensure that that product is being consumed has been tested. So, the framework, in closing, let me say that the framework for how this new entity, this new industry. And we look at it, I look at it from this perspective. This is a real opportunity for creating of jobs for individuals, especially in the rural communities. Especially in the rural communities where the wages are going to be very, very much higher and more significant than those that are currently paid. But having said that, in this law, if there are 10 or more employees, it triggers the right of the workers to petition and ask….And so in closing, I thank you very much for the opportunity to address you and I ask for your fullest consideration for this project. Thank you. _________________________
Kimberley Ortega ‐ I have a question for the applicant, Mr. Polanco. _________________________
Richard Polanco: Yes
Commissioner Ortega ‐ So, you mentioned, that um your business is now in West Sacramento, in the Coachella Valley, what motivated you to bring your business here to the southeast cities, or the southeast region.
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Richard Polanco: When we, well first of all, I’m not new to this region. I may not represent it. But in the pasts, my roots, a lot of what impacted people across the state. We came here because the ordinance is a fair ordinance, the ordinance allows for a process by which applicants can come and participate, it allows for an appeal process, and so the state law basically says to cities like yourself, If you wish to initiate this opportunity, here are the minimum state standards, and if the city wishes to impose more, then you can. So, to your question, the ordinance, we are looking at other locations but certainly here, it’s in the zone you created the zone, we have the resources and finances to build it out to ensure that it happens. We’re not a multi‐million‐dollar corporation that’s a “Cucuy”. I still live here in LA, David Argudo, who is our CEO, of High Hamptons, who is also a member of La Puente City Council. A man whom I’ve known for over 30 years and so our heart and our real commitment is to make it work. Not just for us, but for the community as well.

Vice Chair ‐ Any questions from other Commissioners to the applicant or city staff? So, at this

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point I’ll entertain a motion.
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David ARgudo ‐ Is there another opportunity for another member of the company can speak? _________________________
Vice Chair ‐ I would say that if we did, it would have to be through public hearing, as we would have to reopen, so unless there’s a question from the commission. _________________________
Commissioner Becerra ‐ I do have a question. What part of 420 Realty is going to be acquired through the process acquired by the larger Hampton Holdings. Could you please explain how the current management of 420 Realty will be impacted by this new acquisition program? David Argudo: I’m sorry my name is David Argudo, I’m the CEO of Hamptons Holdings and also 420 Realty. Um, to the point of the acquisition, the acquisition took place. It’s a going to be rolled up into a publicly traded company and traded on the stock exchange. We have moved our facilities headquarters down to the City of Industry, um, and that’s where we’re running the operations for California. One of the issues that we face today is that under the Federal framework that we currently have is that the banking issue of raising capital. The operators are facing those challenges. One of the, one of the ways to alleviate that concern and that issue and raising is taking it to a public company. In the capital markets in Canada, we go and get the money in Canada and we bring it here to the community, then that creates economic growth. We create jobs for the residents and we are part of the Latino community, so, we’re here to enable and empower. To the point that the residents had mentioned earlier, the concerns, those are valid concerns. You do smell marijuana down the street. We do see people smoking in my park, we do see people smoking marijuana, here at Lugo park, people are smoking. That’s an enforcement issue. We here, at High Hamptons and 420 Realty are here to be good members of the community to participate, promote and to educate. If you look at our business plan we talk about educating our kids. Our kids need to be educated, they need to know, um, recreational, is not necessarily supported by some members of the community but medical, there is a benefit for medical. Um, you have City of Hope, Cancer Research Center is looking into the oncology side of this. You have the medical side of UCLA, USC, you have, I’ve worked with a University in Germany, Humbolt State, I’m an alumnus from there, has an Interdisciplinary for marijuana research. So on the medical side is where 420 is at. There’s not going to be people smoking, there’s’ not going to be these recreational parties there. It’s purely a manufacturing facility, a production facility. It’s out of sight, out of mind. We’re not advertising, were not putting bongs, we’re not putting leaves out there. It’s a non‐descript building. Our intentions are to help clean up the community. We’re going to have 24‐hour security. We have multi point security cameras. One of our security compliance persons is a retired from law enforcement from California for 30 years. So, we are here to help the community.

Times up.
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David Argudo: So, thank you for your consideration

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Thank you.
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Vincent Sarmiento ‐ Madam Chair, to commissioner Becerra’s point, on the documents, so just for all of your information, with respect to transparency, and openness, that you have all the information to deliberate on. Under Seal, we have provided to you a copy of the purchase share agreement. So, it has all the provisions that we couldn’t disclose to the public because it is a confidential document. But, it is for your ability to review as you go through and deliberate, and this has also been reflected in the development agreement. So, section 20 of the development agreement that discusses assignment, also has disclosures there that reflect this, so this wasn’t something that was being hidden. And the applicant and the staff made sure that that was clearly embedded in the development agreement. So, the public and you all can understand that in June, as the applicant mentioned there was an acquisition and a purchase of the shares. So, the applicant continues to be the same. But, they are forced by your ordinance to make sure that they disclose if there is any ownership that changed. Your ordinance requires that if anyone has ownership of 20% or more interest in that operation, it has to be disclosed. So, they are complying with that. We have made sure that it was included in the DA. Also, in addition to that, the applicant and the staff negotiated that the board of directors moving forward, a majority of those board of directors, controlling the interest in the operation would have to be from your local community. So that way, I know there has been policy concerns to make sure that there is local hire, there is local control, that your community members, or residents benefit from the industry.

So, we thought it was a good policy direction to be consistent with your other policy directions to make sure that your community don’t become consumers, but they do become owners and they do get lifted up by this entire industry as we move forward, so its’ a reflected of that as well. _________________________
Vice Chair Alcantar ‐ Ok, because I don’t recall that version. What is your mechanism to choose the local community members?
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Vince Sarmiento ‐ It’s going to be at the discretion of the city manager to assure that the board of directors reflects, the majority have to be from the larger LA area. Your city is relatively small, so we decided to make sure it was most of LA county that they would be drawn from, and your demographics reflect that, you know there would have to be women, and there would have to be people of color on that board because that is a reflection of your local community. _________________________
Vice Chair Alcantar ‐ And if I can ask one of the applicants, so they can discuss the mechanism for choosing the board members, and how they are deciding since it is ongoing. _________________________
Davis Argudo ‐ Absolutely, thank you. Um, so one of the, uh third point in the development agreement on page 34, it states that the board of directors LLC are selected from local communities. Directors from outside the county of Los Angeles shall not be considered as local communities. The selection will be done, currently, as it stands we have representation on the board and the only reason we have is to start the publicly traded company. So, the representation you will have at 420 Realty will be people of color and SB 286, I believe it was that was being

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pushed, where now its sits on the governor’s board. We’re wanting to put women’s representation. That way the input comes from the board, policies and direction of 420 Realty will come from the communities around us. Um, the way we’re going to do the selection, um basically, right now, we sit, I have myself, we have a lady by the name of Mrs. Santana, _________________________
Vice Chair Alcantar asked the applicant (Mr. Argudo) to just say first and last names of the board members if you know them.

Applicant David Argudo response: Oh yes, um, Lupe we have um, the composition, Richard Polanco is part of the 420 Realty management, component of this and we still have 2 vacancy seats in that board.
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Vice Chair Alcantar asked a follow‐up question: And then to add to my question, I guess when I think of working families, local communities. I don’t think all of LA County, I think the southeast LA region, I think Cudahy, so um do you, are you looking at having representation from the southeast community, not all of LA county? But southeast community on your board? And if so, are there any name you are looking at?
_________________________
David Argudo responded:

Currently we are not, but absolutely we are. And the reason why I say that is, it’s not just a filler to say yes to what you are asking, but what we, what my approach is in other communities, and when I’m seeing what’s happening with social equity components. People are being used for social equity, and they put them there as puppets. We are here, I as a policymaker, as a person enabling my community to move forward, and the Hispanic community, I look into bringing people into politics, I look to bringing people into the capital markets, I look to bringing people into the emerging markets. Yeah this is an emerging market, cannabis into the medical field. Medical cannabis is not going to go away and one of the things that I’ve seen that has been being exploited is that our community, our Latino community is being exploited by just the get the jobs as trimmers. They’re not the operators they’re not the ones managing at the management level, and at the end of the day when your trimming flower, that is a tedious job and it’s probably the entry point for a lot of people but, I’ve looked around and I see that it’s, our members, minority groups that are getting, qualifying for those jobs. I want to be able to enable them. And that’s one of the, that why one of these provisions is in here right? In order to uplift and get them into management positions.
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Vice Chair asked if Mr. Argudo has spoken to UFCW and local 770 about this? _________________________
David Argudo ‐ Yes, as a matter of fact, I have participated early on, over a year ago, up in Sacramento ,in support of the union allowing people to, if you have more than 20 employees, you have the ability to negotiate in union form fashion. Yes, I have spoken to the teamsters, I have spoken to UFCW as well. Mr. Mark Ramos.
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Vice Chair ‐ Ok, ok, thank you.
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Vince Sarmiento ‐ We just have one more contextual information. The applicants wanted to have embedded in the language that we have here is not the language that was proposed by the applicant. The applicant wanted to mandate that there were a majority of women and minorities as the board of directors here. We couldn’t do that. We couldn’t allow that to happen because that would be setting a quota. They wanted to be more aggressive while making sure that the Cudahy residents, not only participated but were part of the ownership structure but we couldn’t do that by law. It would be challenged on the affirmative action basis. We thought this was as close as we could get to try to ensure that your community participates in the ownership of this emerging industry.
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David Argudo ‐ If I may one last time, it is very important. There is, there is also membership interest, for our shareholders for High Hampton, that are members from the community. They are, they are, they are, it’s part of what our intentions are and our willingness to move forward. To have local representation. Thank you.

Vice Chair Alcantar called for last comments before entertaining a motion.

Commissioner Becerra ‐ I have a couple questions, the first one is, again I want to thank a lot of the community members. For coming out and expressing some of their concerns and uh, I can’t really refute a lot of the points that they brought up. You guys are very eloquent in expressing pretty good and valid points. One of the things that I hope that we can come to an understanding is. I think whether it’s a yes or no vote, I think it ultimately in framing the argument, there are some points raised that we’re going on sanctioning the dispensaries, and that’s just not the case.

All of these operators, and all of these development agreements are under a medicinal cannabis operation. So, it isn’t recreation. Hopefully if we can kinda get some of these points straightened out, that’s the first one. The second one, I agree wholeheartedly with one of the points raised about distance smell. Having it recreation. If I were one of the residents, if I lived in that location, if I smelled that every weekend, that would bother me tremendously. To the point where I would want to sell my house, so that was a very good point that you expressed. The other point is this though, that is very much an enforcement issue. It isn’t so much to me. I just want to make the distinction, this is medicinal. A lot of the operation for us, the basic business mode is that it’s for medicinal purposes, and I think that the benefits of that are tremendous. Again, being on a personal level, and also having researched it. I’m not running for office, I don’t have basically a horse in the race. I, I’m as a resident am just expressing my view. That the pros to me outweigh the cons at the end of the day. So, with regards for instance to the smell issue, I don’t think any reasonable minded person could refute that. But what we’re discussing here, these points and elements involved in this as a public matter, this is for medicinal purposes, so I just don’t see how voting in favor of some of these operators, that that’s going to increase the likelihood of delinquency as it relates to cannabis smoking. So, to conclude, the framing of the argument for me is, I agree wholeheartedly, and I hope that we can get some more funding for more patrol, for more police enforcement for these kinds of things, because again, I would feel the same way, I’d be outraged frankly, if I had to smell it every weekend or every day. I don’t know how often it

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happens. But again, this whole, when you look at this as a whole in it’s totality, and you think about all of the regulations involved, from seeds to sale, this is not just at the municipality level, this is at the County, and the State level. This is going to be heavily regulated. And again, I’m not a big advocate, I have nothing, no interest in any of these companies, but as far as the operation and what this industry, to me it represents the elements that plague our society, primarily for instance opioid opioids crisis. Again, about the medicinal quality of this industry would be greatly beneficial, to me again, personally, on a societal, on a larger level. So, hopefully, you know, we can come to an understanding that some of the points raised, in voting, in taking into account voting for some of these operators. They are not coming from a place of advocating for somebody being able to pick up a joint, at the corner liquor store or anything like that. It’s not like that at all. When you really look at the facts, there’s a lot of regulation, uh, so, I just want to make sure I kind of expressed that point before we make that decision. Uh, and hopefully addressed some of these points brought up by the residents. And in my thinking, I hope I can make a rationale for why I vote the way I do. I’m not running for office, I’m not taking anything. In fact, I’m surprised I am even here frankly. Uh, because I’m not really a public official, I’m more of a private enterprise type of person but anyways, that’s my little points, and my point about why and some of the reasons that will give me the reasons for deciding and voting the way that I do. And that’s it, thank you. _________________________
Principal Planner McGee provided additional staff comment/follow‐up:

First, I just want to point out the enforcement issue, currently the enforcement in the city is complaint driven and complaint based. It will continue to be that, um, however there isn’t a large amount of funding allocated specifically for code enforcement at this time. However, with all the commercial cannabis permits, and their development agreement, it includes ongoing enforcement and compliance. So, we have two compliance checks annually, one of those includes a joint regulatory inspection, meaning the county and the state, as well as the city and the operators are funding their own enforcement. So, if there are any violations, if we get any complaints, the investigation of those complaint, all of that is charged to the operators. So, it’s in their best interest to be in compliance, but also the City will have funding available to do all of the enforcement necessary. Thank you.

Vice Chair Alcantar moved to entertain a motion.
1st MOTION: Commissioner Becerra moved the motion to approve item 7A, motion failed due to lack of a 2nd.
2nd MOTION: Commissioner Ortega moved the motion to deny item 7B, motion seconded by Commissioner Corvera‐Hernandez which carried with the following roll call vote:

Ayes: Commissioners Corvera‐Hernandez, Ortega and Alcantar Noes: Becerra
Abstention:

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Absent: Chair Fuentes
Motion approved 3‐1
C. APN 6225‐011‐006 (Walnut Street) – Consideration of Conditional Use Permit No. 38‐364 and Development Review Permit No. 41‐509 to allow the construction of a 4‐unit multi‐family residential development located at APN 6225‐011‐006 (Walnut Street) CD Manager Lopez asked the Planning Commission to continue the item to the October 15th Planning Commission Meeting. He indicated that the applicant is not quite ready to proceed with the public hearing, the project did not pass the fire flow test, from the LA county Fire Dept per their proposal, so they need to retest it, and perhaps do some tweaking and some changes in order to make that threshold, so they are going to perform that test in the next couple weeks, so we will be ready to come back to the Planning Commission on October 15th.

Vice Chair Alcantar opened the public hearing and asked for public testimony No public comment or testimony received.

Vice Chair Alcantar called for a motion to continue the public hearing to the October 15, 2018 Planning Commission Meeting.

MOTION: Commissioner Ortega moved the motion to continue item 7C, motion seconded by Commissioner Corvera‐Hernandez which carried with the following roll call vote:

Ayes: Commissioners Becerra, Corvera‐Hernandez, Ortega and Alcantar Noes:

Abstention:

Absent: Chair Fuentes
Motion approved 4‐0

8. BUSINESS SESSION
Vice chair Alcantar called for a motion to approve the following minutes:

June 19, 2017
April 30, 2018
June 25, 2018
CD Manager Lopez provided clarification for the June 25th minutes, indicating there was a typo and the attorney who was present at the meeting was Martin De Los Angeles and not Lloyd Pilchin. The minutes have been updated to reflect the change.

Commissioners moved to approve the minutes.

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9. COMMISSION BUSINESS

Follow‐up to vice chair request on cannabis program in other cities.

Principal Planner Mc Gee provided an overview of the 18 local cities who have a cannabis program and what they offer in terms of a community benefit program, type of approved activity, and the fees and taxes that have been approved. Ms. Mc Gee also promised to provide the matrix/chart to the Commissioners via email.

Ms. Mc Gee also provided the following update: “Thank you manager, I just wanted to talk to you about one thing. I know we talked about the community benefit fund. After searching through the 20 cities, with the exception of Commerce that is modelling their program after Cudahy because it’s one of the new ones on the map and Cudahy is actually in this permitting round table discussion.???? Because of the community benefit program and the process, but we are the only city that has such a robust community development, or community benefit program. Um, that is collecting the amount and allowing the benefit fund as well as operational fees, so we are unique in that sense.”
Vice Chair Alcantar asked about the status of the Clara Street Intersection Project.

CD Manager Lopez indicated that he had placed the request with the Public Works Dept. and would follow‐ up with them and report back to the Commission at the next meeting.

Vice Chair Alcantar asked for an update on the vacant lot, owned by the LAUSD in front of Park Ave. and understandsthat there were some community members and non‐profit wanting to make it into a park. She indicated that they were working very diligently but have not seen any progress. She would like to hear from the City Manager’s office as to the status. Are they moving it along? If not, why? CD Manager Lopez indicated that he would follow up with Mr. Pulido.

10. ADJOURNMENT
The commission meeting of the Cudahy Planning Commission was adjourned at 8:01 p.m. September 17, 2018 in the City Council Chambers, 5240 Santa Ana St., Cudahy, California, until October 15, 2018 to be held at 6:00 p.m. at City Council Chambers, 5240 Santa Ana Street, Cudahy, CA.

PASSED AND APPROVED, this 17thDay of September 2018

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____________________
Elizabeth Alcantar,
Vice Chairperson
ATTEST:
____________________
Salvador Lopez,
Interim Community Development Manager

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ATTACHMENT E.

Notice of Appeal dated September 28,
2018

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ATTACHMENT F.

Commercial Cannabis Permit No.18-0011

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CONDITIONS OF APPROVAL – EXHIBIT F
COMMERCIAL CANNABIS PERMIT NO, CCP18-0011
DEVELOPMENT AGREEMENT NO. DA18-011C
8210 ATLANTIC AVENUE –AQUA TERGERE, LLC

GENERAL CONDITIONS OF APPROVAL
Condition of Approval No. 1 - Financial Responsibility for Compliance Monitoring and Enforcement
a. Cost Responsibilities: The Permittee shall bear the full costs of all City staff time, materials, and City-retained consultants associated with condition compliance review and monitoring, CEQA mitigation monitoring, other permit monitoring programs, and enforcement activities, actions, and processes conducted pursuant to the City of Cudahy Municipal Code (§ 5.20.060) related to this Commercial Cannabis Permit (CCP) and Development Agreement (DA). Such condition compliance review, monitoring and enforcement activities may include (but are not limited to): periodic site inspections; preparation, review, and approval of studies and reports; review of permit conditions and related records; enforcement hearings and processes; drafting and implementing compliance agreements; and attending to the modification, suspension, or revocation of permits. Costs will be billed at the rates set forth in the Planning Division or other applicable City Fee Schedule, and at the contract rates of City-retained consultants, in effect at the time the costs are incurred.

Establishment of Compliance Account: Within 10 calendar days of the effective date of the final decision approving this CCP, the Permittee shall submit a new, updated, and completed reimbursement agreement for Condition Compliance Case No. CCP18-0011 in a form provided by the City, obligating the Permittee to pay all condition compliance review, monitoring, and enforcement costs, and any civil administrative penalties, subject to the Permittee’s right to challenge all such charges and penalties prior to payment.
b. Billing Process: The Permittee shall pay all City invoices within 30 days of receipt thereof. Failure to timely pay an invoice shall subject the Permittee to late fees and charges set forth in the City Fee Schedule, and shall be grounds for suspension, modification, or revocation of this CCP. The Permittee shall have the right to challenge any charge or penalty prior to payment.

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Condition of Approval No. 2 - Defense and Indemnification a. The Permittee shall defend, at the Permittee's sole expense with legal counsel acceptable to the City, against any and all claims, actions, or proceedings against the City, any other public agency with a governing body consisting of the members of the City Board of Supervisors, or any of their respective board members, officials, employees and agents (collectively, “Indemnified Parties”) arising out of or in any way related to the City’s issuance, administration, or enforcement of this CUP. The City shall promptly notify the Permittee of any such claim, action or proceeding and shall cooperate fully in the defense. b. The Permittee shall also indemnify and hold harmless the Indemnified Parties from and against any and all losses, damages, awards, fines, expenses, penalties, judgments, settlements, or liabilities of whatever nature, including but not limited to court costs and attorney fees (collectively, “Liabilities”), arising out of or in any way related to any claim, action or proceeding subject to subpart (a) above, regardless of how a court apportions any such Liabilities as between the Permittee, the City, and/or third parties.
c. Except with respect to claims, actions, proceedings, and Liabilities resulting from an Indemnified Party’s sole active negligence or intentional misconduct, the Permittee shall also indemnify, defend (at Permittee’s sole expense with legal counsel acceptable to City), and hold harmless the Indemnified Parties from and against any and all claims, actions, proceedings, and Liabilities arising out of, or in any way related to, the construction, maintenance, land use, or operations conducted pursuant to this CCP, regardless of how a court apportions any such Liabilities as between the Permittee, the City, and/or third parties. The City shall promptly notify the Permittee of any such claim, action, or proceeding and shall cooperate fully in the defense.
d. Neither the issuance of this CCP, nor compliance with the conditions hereof, shall relieve the Permittee from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of this CCP serve to impose any liability upon the Indemnified Parties for injury or damage to persons or property.

Condition of Approval No. 3 Relationship of CCP Conditions, Laws, and Other Entitlements
The Permittee shall implement the Project in compliance with all applicable requirements and enactments of federal, state, and local authorities. In the event of conflict between various requirements, the more restrictive requirements shall apply. In the event the City Manager determines that any CCP condition contained herein is in conflict with any other CPP condition contained herein, when principles of law do not

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provide to the contrary, the CCP condition most protective of public health and safety and environmental resources shall prevail to the extent feasible.

No condition of this CCP for uses allowed by the City Municipal Code shall be interpreted as permitting or requiring any violation of law, lawful rules, or regulations, or orders of an authorized governmental agency. Neither the approval of this CPP, nor compliance with the conditions of this CPP, shall relieve the Permittee from any responsibility otherwise imposed by law for damage to persons or property.

The Permittee shall obtain a business tax certificate and regulatory licenses for the operation of Commercial Cannabis operations.

Condition of Approval No. 4 - Contact Person
PURPOSE: To establish a contact person responsible for responding to City and/or community complaints.

The Permittee shall designate a contact person(s) to respond to complaints from citizens and the City which are related to the permitted uses of this CUP.

The Permittee shall provide the City with the contact information (e.g., name and/or position title, address, business and cell phone numbers, and email addresses) of the Permittee’s Community Agent who receives all orders, notices, and communications regarding matters of condition and code compliance at the Project site.

Timing: Prior to the issuance of a Zoning Clearance for use inauguration, the Permittee shall provide the Planning Division the contact information of the Permittee’s field agent(s) for the Project file. If the address or phone number of the Permittee’s field agent(s) should change, or the responsibility is assigned to another person, the Permittee shall provide Planning Division staff with the new information in writing within three calendar days of the change in the Permittee’s field agent.

The Planning Division maintains the contact information provided by the Permittee in the Project file. The Planning Division has the authority to periodically confirm the contact information consistent with the requirements of this permit.

Condition of Approval No. 5 - Resolution of Complaints
PURPOSE: To establish a process to resolve complaints.

The following process shall be used to resolve complaints related to the Project:
a. The Permittee shall post the telephone number for the designated Contact Person as identified pursuant to Condition No. 4 in a visible location on the site.

The Contact Person shall be available via telephone on a 24-hour basis.

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Persons with concerns about an activity as it is occurring may directly contact the Contact Person;
b. If City staff receives a written complaint about the Project, the City Manager, or his designee, may contact the Permittee’s Contact Person or the Permittee to request information regarding the alleged violation; and c. If, following a complaint investigation by City staff, a violation of the City Municipal Code or a condition of this CCP is confirmed, City staff may initiate enforcement actions, in accordance with City Municipal Code.

Condition of Approval No. 6 - Reporting of Major Incidents PURPOSE: To ensure that the Planning Director is notified of major incidents associated with, or resulting from, the Project, he Permittee shall immediately notify the Planning Director by telephone, email, FAX, and/or voicemail of any incidents (e.g., fires, explosions, spills, landslides, or slope failures) that could pose a hazard to life or property inside or outside the Project Site.

Upon request of any City, County or State regulatory agency, the Permittee shall provide a written report of any incident that shall include, but not limited to: a description of the facts of the incident; the corrective measures used, if any; and the steps taken to prevent a recurrence of the incident.

Timing: The Permittee shall provide the written report to the requesting agency and Planning Division within seven days of receiving the request.

The Planning Division maintains any documentation provided by the Permittee related to major incidents in the Project file.

Condition of Approval No. 7 - Change of Permittee
To ensure that the Planning Division is properly and promptly notified of any change of Permittee, the Permittee shall file, as an initial notice with the Planning Director, the new name(s), address(es), telephone/FAX number(s), and email addresses of the new owner(s), lessee(s), operator(s) of the permitted uses, and the company officer(s). The Permittee shall provide the Planning Director with a final notice once the transfer of ownership and/or operational control has occurred.

The initial notice must be submitted with the new Permittee’s contact information. The final notice of transfer must include the effective date and time of the transfer and a letter signed by the new Property Owner(s), lessee(s), and/or operator(s) of the permitted uses acknowledging and agreeing to comply with all conditions of this CCP.

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Timing: The Permittee shall provide written notice to the Planning Director 10 calendar days prior to the change of ownership or change of Permittee. The Permittee shall provide the final notice to the Planning Director within 15 calendar days of the effective date of the transfer.

The Planning Division maintains notices submitted by the Permittee in the Project file and has the authority to periodically confirm the information consistent with the requirements of this permit.

COMMERCIAL CANNABIS PRODUCTS MANUFACTURING (ORD. 673, SEC

5.20.110)
PURPOSE: The purpose and intent of this Section is to permit and regulate the commercial Cannabis Products Manufacturing to promote the health, safety, morals, and general welfare of the resident and businesses within the City. The City is authorized to regulate this activity pursuant to State Law.

Condition of Approval No. 8 - Manufacturing Operating Fees.

Operator/Permittee must pay all operating fees as stipulated within Development Agreement No. DA18-011C.

Condition of Approval No. 9 – Manufacturing Properties.

Commercial Cannabis Products Manufacturing is a permitted use only on properties within the applicable Permit Zone with a valid Cultivation Permit and other requisite permits and entitlements.

Condition of Approval No. 10 – Quality Control Employee.

The Permittee must employ at least one (1) member of its personnel dedicated full time to quality control.

Condition of Approval No. 11 – Standard Operating Procedures and Batch Record.

The Manufacturing Permittee must establish standard operating procedures and batch record that comply with current good manufacturing practices and applicable State Law, including MAUCRSA.

Condition of Approval No. 12 – Labeling and Packaging.
a) All Cannabis Products produced by a Manufacturing Permittee must be packaged in child resistant containers prior to leaving the Premises for such Manufacturing Permittee in accordance with applicable State Law, including MAUCRSA.
b) All Cannabis Products produced by a Manufacturing Permittee must be labeled in compliance with applicable State Law, including MAUCRSA. c) Labeling Requirements – Edibles

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i. Before a Manufacturing Permittee prepares any edible Cannabis or edible Cannabis Product for retail sale, it shall be labeled and placed in tamperevident packaging which at least meets the requirements of State Law, including, but not limited to, MAUCRSA.
ii. All items to be sold or distributed shall be individually wrapped at the original point of preparation by the Cannabis Permittee. iii. Labeling must include a warning if nuts or other known allergens are used, and must include the total weight (in ounces or grams) of Cannabis in the package, not to exceed ten (10) milligrams of tetrahydrocannabinol (THC) per serving.
iv. A warning that the item is a medication and not a food must be clearly legible on the front of the package and/or must comply with state packing requirements.
v. The package must have a label warning that the product is to be kept away from children.
vi. The label must also state that the product contains Cannabis and must specify the date of Manufacture and the Manufacture Permittee’s information, including, but not limited to, address, and phone number. vii. Distribution must be in a properly labeled opaque package when distributed.
viii.The City Manager, or designee, may impose additional packaging and labeling requirements on Cannabis or Cannabis Products.

Condition of Approval No. 13 – Use of Solvents.
a) Manufacturing Permittees may conduct Manufacturing using any type of solvents, including Volatile Solvents, or Manufacturing processes if such Manufacturing complies with the requirements of this Chapter and State or local law, including but not limited to Health and Safety Code Section 11362.775 (or any successive State Law) all applicable fire and building codes in the City and any other laws of the City designed to ensure the safety of such operation. b) Manufacturing Permittees using Volatile Solvents for Manufacturing Cannabis Products must operate in a manner to reduce the risk of explosion or danger to public health, including through the use of a close-loop or solvent dispersion system consistent with the requirements of Health and Safety Code Section 11362.775 (or any successive State Law).

Condition of Approval No. 14 – Use of Hazardous and Flammable Materials.

If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in California Fire Code Section 202, are to be used in the processing of commercial Cannabis, then the provisions of California Fire Code Section 407 shall be applicable where hazardous materials are subject to permits under California Fire Code Section 50

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(Hazardous Materials) are located on the Premises or where required by the applicable building or fire official.

Timing: Prior to the issuance of a Temporary/Certificate of Occupancy, the Permittee must obtain LA County Fire Approval for site design, water and access, and hazardous materials.

Condition of Approval No. 15 – Compressed Gases.

Storage, use, and handling of compressed gases in compressed gas containers, cylinders, tanks, and systems shall comply with California Fire Code Chapter 53.

Partially full compressed gas containers, cylinders, or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with California Fire Code Chapter 50 for general requirements and California Fire Code Chapter 53 addressing specific hazards, including California Fire Code Chapter 58 (Flammable Gases), California Fire Code Chapter 60 (Highly Toxic and Toxic Materials), California Fire Code Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, and California Fire Code Chapter 64 (Pyrophoric Materials). Prevention, control, and mitigation of dangerous conditions related to storage, use, dispensing, mixing, and handling of flammable and combustible liquids shall be in accordance with California Fire Code Chapters 50 and

57. Timing: Prior to the issuance of a Temporary/Certificate of Occupancy, the Permittee must obtain LA County Fire Approval for site design, water and access, and hazardous materials.

OTHER OPERTIONAL CONDITIONS
PURPOSE: To ensure compliance with all applicable City, State and other regulatory agency requirements.

Condition of Approval No. 16 – Final Floor Plan Approval Permittee must submit to and obtain approval from the City Manager, or his designee, on all proposed Final Floor Plans. All Final Floor Plans shall be stamped and dated by the Planning Department. Changes to the floor plan design or other elements (including, but not limited to security, fire or hazmat details) require administrative approval by the Planning Department, prior to any construction activity or Building Permit Issuance.

Timing: Prior to Zoning Clearance for Use Inauguration, Permittee shall prepare and submit a Final Floor Plan which demonstrates compliance with all City and State Commercial Cannabis regulations.

Condition of Approval No. 17 – Payment of Development Agreement Fees

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Operator(s) must pay all required DA fees in accordance with DA terms. Failure to pay fees, as assessed by the City Manager, will constitute a breach of the DA and may result in suspension or immediate revocation of the DA.

Condition of Approval No. 18 – Additional Plans and Approvals Purpose: To ensure all Commercial Cannabis facilities meet the development standards of the zoning code, policies, goals and programs of the general plan and City economic development activities—including City beautification and future public improvement projects.
i. Landscape Plan – The Operator must submit a landscaping plan, designed by a licensed landscape architect or arborist. The plan must include a five-foot landscaped dedication measured from the property line, as illustrated on the approved Site Plan. The plan must include drought tolerant desert plants, approved by the City.
ii. Fencing Plan – Fencing must be provided along the front perimeter of all Commercial Cannabis facilities. Fencing may be constructed between 8 feet and 10 feet in the front and up to 15 feet in the back.

Materials: Corrugated metal, wrought iron, concrete and block wall are all allowed materials. Alternative materials may be allowed with City approval. Chain-link and razor wire are strictly prohibited. Fences may be required to be constructed 5 feet from the property line to allow for future City improvements. All fencing plans must be submitted to and approved by the City prior to construction.
iii. Façade Improvement Plan - All new Commercial Cannabis facilities must submit a Façade Improvement Plan for City approval. The plan must include new paint, siding or other building improvement materials, in a color scheme approved by the City. Plans must also include new paving, as needed, parking striping, and other site improvements, as determined by the City.
iv. LA County Public Health Permit – The Operator must submit obtain a Cannabis Public Health Permit from the Los Angeles County Public Health.
v. City Business License – All operators must file for a City business license to conduct business within the City, pay all required business license fees and obtain a City Business License prior to conducting sales transactions in the City.

Condition of Approval No. 19 – Site Maintenance
PURPOSE: To ensure that the Project site is maintained in a neat and orderly manner so as not to create any hazardous conditions or unsightly conditions which are visible from outside of the Project site.

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The Permittee shall maintain the Project site in a neat and orderly manner, and in compliance with the Project description. Only equipment and/or materials which the City Manager, or his designee, determines to substantially comply with the Project description shall be stored within the Project site during the life of the Project.

The Permittee shall maintain the Project site in compliance with Condition No. 1 and the approved plans for the Project.

Monitoring and Reporting: The City Building Inspector, City Cannabis Enforcement staff, or Planning Department staff have the authority to conduct periodic site inspections to ensure the Permittee’s ongoing compliance with this condition.

Condition of Approval No. 20 – Commercial Cannabis Permit (CCP) Modification Prior to undertaking any operational or construction-related activity which is not expressly described in these conditions, the Permittee shall first contact the City Manager, or his designee, to determine if the proposed activity requires a modification of this CCP. The City Manager may, at his sole discretion, require the Permittee to file a written and/or mapped description of the proposed activity in order to determine if a permit modification is required.

Condition of Approval No. 21 - Construction Activities
Prior to any construction, the Permittee shall obtain a Zoning Clearance for construction from the Planning Division and a Building Permit from the Building and Safety Division.

Condition of Approval No. 22 - Acceptance of Conditions and Schedule of Enforcement Responses
The Permittee’s acceptance of this CCP and/or commencement of construction and/or operations under this CCP shall constitute the Permittee’s formal agreement to comply with all conditions of this CCP. Failure to abide by and comply with any condition of this CCP shall constitute grounds for enforcement action provided in the City Municipal Code which shall include, but is not limited to, the following:
a. Public reporting of violations to the Planning Commission and/or City Council; b. Suspension of the permitted land uses;
c. Modification of the CCP conditions listed herein;
d. Recordation of a “Notice of Noncompliance” on the deed to the subject property; e. The imposition of civil administrative penalties; and/or f. Revocation of this CUP.

The Permittee is responsible for being aware of and complying with the CCP conditions and all applicable federal, state, and local laws and regulations. In the event of any actual and direct conflict between these Conditions of Approval and the terms of the

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approved Development Agreement, the terms of the Development Agreement shall control and take precedence.

Condition of Approval No. 23. - Time Limits
A. Use inauguration: The approval decision for this CCP becomes effective upon the expiration of the 15-day appeal period following the approval decision, or when any appeals of the decision are finally resolved. Once the approval decision becomes effective, the Permittee must obtain a Zoning Clearance for Use Inauguration in order to initiate the land uses set forth herein. i. This CCP shall expire and become null and void if the Permittee fails to obtain a Zoning Clearance for use inauguration within 90 days – from the date the approval decision of this CCP becomes effective.

The City Manager may grant an extension of time to the Permittee in order to obtain the Zoning Clearance for use inauguration if the Permittee can demonstrate to the satisfaction of the City Manager that the Permittee has made a diligent effort to implement the Project, and the Permittee has requested the time extension in writing at least 30 days prior to 90-day expiration date.
ii. Within 90 days of the permit effective date, as specified on the project approval letter, the Permittee must complete construction of Phase I (if applicable), as indicated on the approved Final Floor plan and obtain a Certificate of Occupancy from the City Building Department. The City Manager may grant an extension of time to the Permittee, if the Permittee can demonstrate to the satisfaction of the City Manager that the Permittee has made a diligent effort to implement the Project iii. Within 180 of the permit effective date, the Permittee must complete all Tenant Improvements and construction as indicated on the approved Final Floor Plan and obtain a Certificate of Occupancy from the City Building Department. The City Manager may grant an extension of time to the Permittee, if the Permittee can demonstrate to the satisfaction of the City Manager that the Permittee has made a diligent effort to implement the Project.
iv. Prior to the issuance of the Zoning Clearance for construction or use inauguration, all fees and charges billed to that date by the City, as well as any fines, penalties, and sureties, must be paid in full. After issuance of the Zoning Clearance for Use Inauguration, any final billed processing fees must be paid within 30 days of the billing date or the City may revoke this CCP.

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B Permit Life or Operations Period: This CCP will expire on September 17, 2028. However, the Development Agreement contains terms and conditions for extending operations for an additional 10 years. The lack of additional notification of the expiration date provided by the City to the Permittee shall not constitute grounds to continue the uses that are authorized by this CCP after the CCP expiration date. The uses authorized by this CCP may continue after the CCP expiration date if:
(1) The Permittee has filed a permit modification application 90 day prior to September 17, 2028; and
(2) The City decision-maker grants the requested modification.

The uses authorized by this CCP may continue during processing of a timely-filed modification application, at the City Managers sole discretion.

In the event of any actual and direct conflict between these Conditions of Approval and the terms of the approved Development Agreement, the terms of the Development Agreement shall control and take precedence. [end of conditions]

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ATTACHMENT G.

City Council Agenda
November 6, 2018

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AGENDA

A REGULAR MEETING

OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, November 6, 2018 – 6:30 P.M.

Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection in the City Clerk’s Office at City Hall located at 5220 Santa Ana Street, Cudahy, CA 90201.

In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.

Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby.

Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted two-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)

CLARA STREET PARK

TURNER HALL
4835 Clara Street
Cudahy, CA 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
Chris Garcia, Mayor
Christian Hernandez, Vice Mayor
Jose Gonzalez, Council Member
Cristian Markovich, Council Member
Baru Sanchez, Council Member

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It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.)

1. CALL TO ORDER

2. ROLL CALL
Council / Agency Member Gonzalez
Council / Agency Member Markovich
Council / Agency Member Sanchez
Vice Mayor / Vice Chair Hernandez
Mayor / Chair Garcia

3. PLEDGE OF ALLEGIANCE

4. PRESENTATIONS

5. PUBLIC COMMENTS
(Each member of the public may submit one comment card if he or she wishes to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak for two (2) minutes concerning items under the City Council’s jurisdiction, including items on the agenda and closed session items.) (Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.))

6. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)

7. CITY MANAGER REPORT (information only)

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8. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE

MEETINGS

9. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

10. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council / Agency Member so requests, in which event the item will be removed from the Consent Calendar and considered separately.) A. Consideration to Review and Approve the Draft Minutes of October 16, 2018, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 9) Presented by Deputy City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Agency Draft Minutes for October 16, 2018.

B. Consideration to Review and Approve the Draft Minutes of April 10, 2017, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 19) Presented by Deputy City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Agency Draft Minutes for April 10, 2017.

C. Approval of Confidentiality Agreement between the City of Cudahy and R3 Consulting Group Inc., in the furtherance of City’s Internal Solid Waste Audit (page 27) Presented by City Attorney
Recommendation: The City Council is requested to approve a Confidentiality Agreement between the City of Cudahy and R3 Consulting Group, Inc.

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11. PUBLIC HEARING
A. A Public Hearing to Consider the Appeal of Applicant 420 Realty (Location: 4311 Santa Ana Street) of the Cudahy Planning Commission’s Denial of Commercial Cannabis Permit (CCP) No.

CCP18-0002 and Ordinance No. 696, approving Development Agreement (DA) No. DA18-002C (page 35)
Presented by Interim Community Development Manager
It is Recommended that the City Council:
a. Open the Public Hearing;
b. Receive a presentation from staff;
c. Pose questions to staff;
d. Receive comment from interested members of the public; e. Pose closing questions to staff; and
f. Close the Public Hearing and commence deliberations
If the City Council desires, it may:
a. Uphold the Planning Commission’s decision based on the record on appeal and the testimony of City staff, the applicant, and interested members of the public; or b. Overturn the Planning Commission’s decision based on the record on appeal and the testimony of City staff, the applicant, and interested members of the public, and:

1. Adopt Resolution No. 18-48, approving the issuance of Commercial Cannabis Permit No. CCP18-0002 to allow a Commercial Cannabis Facility for the Site located at 4311 Santa Ana Street;

2. Authorize the City Manager to allow a payment plan, if requested, for the Community Benefit Program as outlined in the Development Agreement (DA);

3. Allow the City Manager to select the alternative terms of payment of the Operating Fees, if requested, to begin accruing 90 days after the Effective Date of the DA rather than accrue beginning the month of the Effective Date of the DA;

4. Provide direction to City staff on whether to modify or not modify the DA to bind the operator to any future Cannabis Tax that may be imposed by the City and/or by a voter approved Cannabis Tax;

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5. Approve DA No. DA18-002C publicly noticed November 6, 2018 City Council meeting and authorize the Mayor to execute said Agreements on behalf of the City; and

6. Introduce Ordinance No. 696 by First Reading by title only, approving the DA by and between the City and 420 Realty, LLC.

B. A Public Hearing to Consider the Appeal of Applicant Aqua Tergere, LLC (Location: 8210 Atlantic Avenue) of the Cudahy Planning Commission’s Denial of Commercial Cannabis Permit (CCP) No. CCP18-0011 and Ordnance No. 697, approving Development Agreement (DA) No.

DA18-011C (page 243)
Presented by Interim Community Development Manager
It is Recommended that the City Council:
a. Open the Public Hearing;
b. Receive a presentation from staff;
c. Pose questions to staff;
d. Receive comment from interested members of the public; e. Pose closing questions to staff; and
f. Close the Public Hearing and commence deliberations
If the City Council desires, it may:
a. Uphold the Planning Commission’s decision based on the record on appeal and the testimony of City staff, the applicant, and interested members of the public; or b. Overturn the Planning Commission’s decision based on the record on appeal and the testimony of City staff, the applicant, and interested members of the public, and:

1. Adopt Resolution No. 18-49, approving the issuance of Commercial Cannabis Permit No. CCP18-0011 to allow a Commercial Cannabis Facility for the Site located at 8210 Atlantic Avenue;

2. Authorize the City Manager to allow a payment plan, if requested, for the Community Benefit Program as outlined in the Development Agreement (DA);

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4. Provide direction to City staff on whether to modify or not modify the DA to bind the operator to any future Cannabis Tax that may be imposed by the City and/or by a voter approved Cannabis Tax;

5. Approve DA No. DA18-011C publicly noticed November 6, 2018 City Council meeting and authorize the Mayor to execute said Agreements on behalf of the City; and

6. Introduce Ordinance No. 697 by First Reading by title only, approving the DA by and between the City and Aqua Tergere, LLC.

12. BUSINESS SESSION
A. Adoption of Ordinance No. 694, by First Reading Adding Chapter 8.40 (“Second-Hand Smoke Control”) of Title 8 (“Health & Safety”) of the Cudahy Municipal Code (page 419) Presented by City Prosecutor
Recommendation: The City Council is requested to:

1. Introduce Ordinance No. 694, by First Reading by title only, adding Chapter 8.40 (“Second-Hand Smoke Control”) of Title 8 (“Health & Safety”) of the Cudahy Municipal Code; and

2. Waive further reading of Ordinance No. 694.

13. COUNCIL DISCUSSION – NONE

RECESS TO CLOSED SESSION
This is the time at which the City Council will meet in Closed Session to go over items of business on the closed session agenda.

14. CLOSED SESSION

CUDAHY SUCCESSOR AGENCY CLOSED SESSION ITEM
Closed Session Pursuant to Government Code Section 54956.9(d)(4) – Conference with Legal Counsel to discuss facts and circumstances that may form the basis of initiating litigation on behalf of the Successor Agency and/or City – [One (1) Matter]

RECONVENE TO OPEN SESSION

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ATTACHMENT H.

City Council Minutes
November 6, 2018

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MINUTES
CUDAHY CITY COUNCIL REGUAR MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
November 6, 2018 6:30 P.M.

1. CALLTOORDER
Mayor / Chair Garcia called the meeting to order at 6:32 p.m.

2. ROLL CALL
PRESENT: Council Member Gonzalez
Council / Agency Member Sanchez (left at 7:51 p.m.)
Vice Mayor / Vice Chair Hernandez
Mayor / Chair Garcia
ABSENT: Council/ Agency Member Markovich
ALSO PRESENT City Manager Jose E. Pulido, Deputy Attorney Martin de los Angeles, Deputy City Clerk Richard lglesias, and Administrative Aide, Andres Rangel.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Sanchez.

4. PRESENTATIONS _ NONE

5. PUBLIC COMMENTS. NONE

MAYOR GARCIA DIRECTED TO MOVE CITY COUNCIL COMMENTS TO THE END OF THE

MEETING AGENDA WITH NO OPPOSITION

6. CITY COUNCIL COMMENTS . NONE

7. CITY MANAGER REPORT (information only)

8. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS. NONE

9. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

Motion: lt was moved by Vice Mayor Hernandez, and seconded by Mayor Garcia to waive full text reading of all Resolutions and Ordinances by single motion.

City CouncillSuccessor Agency Minutes of 1116118 Pr:ge 1 ol 7

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10. CONSENT CALENDAR (ltems 10A through 10C)
COUNCIL MEMBER SANCHEZ PULLED ITEM 1OC
A. Consideration to Review and Approve the Draft Minutes of October 16, 2018, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
Presented by the Deputy City Clerk
The City Council is requested to review and approve the City Council/ Agency Draft Minutes for October 16,2018.

Motion: lt was moved by Mayor Garcia, and seconded by Vice Mayor Hernandez to review and approve the City Council / Agency Draft tt/inutes for October 16,2018. The motion carried (4-0- 1) by the following roll call vote.

AYES: Gonzalez, Sanchez, Hernandez, and Garcia
NOES: None
ABSENT: Markovich
ABSTAIN: None
B. Consideration to Review and Approve the Draft Minutes of April 10, 2017, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission Presented by the Deputy City Clerk
The City Council is requested to review and approve the City Council / Agency Draft Minutes for April 10,2017.

Motion: lt was moved by Mayor Garcia, and seconded by Vice Mayor Hernandez to approve the City Council / Agency Draft Minutes forApril 10, 2017.The motion carried (4-0-1)by the following roll call vote.

AYES: Gonzalez, Sanchez, Hernandez, and Garcia
NOES: None
ABSENT: Markovich
ABSTAIN: None
C. Approval of Confidentiality Agreement between the City of Cudahy and R3 Consulting Group lnc., in the furtherance of City's lnternal Solid Waste Audit Presented by the City Attorney
The City Council is requested to approve a Confidentiality Agreement between the City of Cudahy and R3 Consulting Group, lnc.

Motion: lt was moved by Vice Mayor Hernandez, and seconded by Mayor Garcia to approve a Confidentiality Agreement between the City of Cudahy and R3 Consulting Group, lnc. The motion carried (4-0-1) by the following roll call vote.

City CouncillSuccessor Agency r\.4inules ol 13i6 18

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(
AYES: Gonzalez, Sanchez, Hernandez, and Garcia
NOES: None
ABSENT: Markovich
ABSTAIN: None
11, PUBLIC HEARING
A. A Public Hearing to Consider the Appeal of Applicant 420 Realty (Location: 4311 Santa Ana Street) of the Cudahy Planning Commission's Denial of Commercial Cannabis Permit (CCP) No. CCP18-0002 and Ordinance No. 696, approving Development Agreement (DA) No.

DA18-002C
Presented by the lnterim Community Development Manager
It is Recommended that the City Council:
a. Open the Public Hearing;
b. Receive a presentation from staff;
c. Pose questions to staff;
d. Receive comment from interested members of the public; e. Pose closing questions to staff; and
f. Close the Public Hearing and commence deliberations
lf the City Council desires, it may:
a. Uphold the Planning Commission's decision based on the record on appeal and the testimony of City staff, the applicant, and interested members of the public; or b. Overturn the Planning Commission's decision based on the record on appeal and the testimony of City staff, the applicant, and interested members of the public, and:

Adopt Resolution No. 18-48, approving the issuance of Commercial Cannabis Permit No. CCP18-0002 to allow a Commercial Cannabis Facility for the Site located at 4311 Santa Ana Street; Authorize the City Manager to allow a payment plan, if requested, for the Community Benefit Program as outlined in the Development Agreement (DA);
Allow the City Manager to select the alternative terms of payment of the Operating Fees, if requested, to begin accruing 90 days after the Effective Date of the DA rather than accrue beginning the month of the Effective Date of the DA;

4. Provide direction to City staff on whether to modify or not modify the DA to bind the operator to any future Cannabis Tax that may be imposed by the City and/or by a voter approved Cannabis Tax;
1 2
3 City CouncillSuccessor Agency Ir4inules al 1116118 Page 3 ol 7

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Approve DA No. DA18-002C publicly noticed November 6, 2018 City Council meeting and authorize the Mayor to execute said Agreements on behalf of the City; and
lntroduce Ordinance No. 696 by First Reading by title only, approving the DA by and between the City and 420 Realty, LLC.

MAYOR GARGIA OPENED PUBLIC COMMENT AT 6:45 P.M.

Sandra Gonzalez, spoke against item 114. She mentioned drugs can destroy youth lives. She went on to say residents will not benefit from the company's profits. She concluded her comments by warning of all the negative side effects cannabis has to the body, as well as focusing on other issues like rising rents.

Felix Reves. spoke against item 11A. He went on to speak against council for the excessive cannabis development approvals, as well as asking how residents are going to benefit from the profits, citing limited park and youth services.

MAYOR GARCIA CLOSED PUBLIC COMMENT AT 6:52 P.M.

Motion: lt was moved by Vice Mayor Hernandez, and seconded by Council Member Gonzalez to Consider the Appeal of Applicant 420 Realty (Location: 4311 Santa Ana Street) and overturn the Cudahy Planning Commission's Denial of Commercial Cannabis Permit (CCP) No. CCP18- 0002 and Ordinance No. 696, approving Development Agreement (DA) No. DA18-002C. The motion carried (3-1-1) by the following roll call vote.

AYES: Gonzalez, Hernandez, and Garcia
NOES: Sanchez
ABSENT: Markovich
ABSTAIN: None
B. A Public Hearing to Consider the Appeal of Applicant Aqua Tergere, LLC (Location: 8210 Atlantic Avenue) and overturn the Cudahy Planning Commission's Denial of Commercial Cannabis Permit (CCP) No. CCP18-0011 and Ordnance No.697, approving Development Agreement (DA) No. DA18-011C
Presented by the lnterim Community Development Manager
It is Recommended that the City Council:
a. Open the Public Hearing;
b. Receive a presentation from staff;
c. Pose questions to staff;
d. Receive comment from interested members of the public; e. Pose closing questions to statf; and
f. Close the Public Hearing and commence deliberations
lf the City Council desires, it may:

5. 6.

Cily CouncillSuccessor r\gericy Minules of 1'!10/18 Page 4 of 7

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a. Uphold the Planning Commission's decision based on the record on appeal and the testimony of City staff, the applicant, and interested members of the public; or b. Overturn the Planning Commission's decision based on the record on appeal and the testimony of City staff, the applicant, and interested members of the public, and:

1. Adopt Resolution No. 18-49, approving the issuance of Commercial Cannabis Permit No. CCP18-00'11 to allow a Commercial Cannabis Facility for the Site located at 8210 Atlantic Avenue;

2. Authorize the City Manager to allow a payment plan, if requested, for the Community Benefit Program as outlined in the Development Agreement (DA);

4. Provide direction to City staff on whether to modify or not modify the DA to bind the operator to any future Cannabis Tax that may be imposed by the City and/or by a voter approved Cannabis Tax;

5. Approve DA No. DA18-011C publicly noticed November 6,2018 City Council meeting and authorize the Mayor to execute said Agreements on behalf of the City; and

6. lntroduce Ordinance No. 697 by First Reading by title only, approving the DA by and between the City and Aqua Tergere, LLC.

MAYOR GARCIA OPENED PUBLIC COMMENT AT 7:11 P.M
Sandra Gonzalez, commented that there are many desolate lots as well as deteriorating parks that need maintenance. She went on to express her concerns in regards to cannabis distribution among the youth if the item 11B is passed.
lan Boqdanoff, reminded the City's small size and how the small proximity will negatively affect residents. He also mentioned the City should do a better job advertising itself to attract more businesses, not just cannabis businesses.

MAYOR GARCIA CLOSED PUBLIC GOMMENT AT 7:16 P.M.

Motion: lt was moved by Vice Mayor Hernandez, and seconded by Council Member Gonzalez to Consider the Appeal of Applicant Aqua Tergere, LLC (Location: 8210 Atlantic Avenue) of the Cudahy Planning Commission's Denial of Commercial Cannabis Permit (CCP) No. CCP18- 0011 and Ordnance No.697, approving DevelopmentAgreement (DA) No. DA18-011C. The motion carried (3-1-1) by the following roll call vote.

AYES: Gonzalez, Hernandez, and Garcia
NOES: Sanchez
ABSENT: Markovich
ABSTAIN: None
Cily CouncillSuccessor Agency lt{inrrtes of 1'1i6118

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12. BUSINESS SESSION
A. Adoption of Ordinance No. 694, by First Reading Adding Chapter 8.40 ("Second-Hand Smoke Control") of Title 8 ("Health & Safety") of the Cudahy Municipal Code Presented by the City Prosecutor
The City Council is requested to

1. lntroduce Ordinance No. 694, by First Reading by title only, adding Chapter

8.40 ("Second-Hand Smoke Control") of Title 8 ("Health & Safety") of the Cudahy Municipal Code; and

2. Waive further reading of Ordinance No. 694
Motion: lt was moved by Vice Mayor Hernandez and seconded by Mayor Garcia to introduce Ordinance No. 694, and waive it for further reading. The motion carried (4-0-1) by the following rollcallvote.

AYES:

NOES:

ABSENT:

ABSTAIN
Gonzalez, Sanchez, Hernandez, and Garcia
None
Markovich
None

13. COUNCIL DISCUSSION - NONE

RECESS TO CLOSED SESSION
City Attorney, Martin de los Angeles recessed the meeting to close session at 7:35 p.m.

14. CLOSED SESSION

CUDAHY SUCCESSOR AGENCY CLOSED SESSION ITEM
Closed Session Pursuant to Government Code Section 54956.9(d)(4) - Conference with Legal Counsel to discuss facts and circumstances that may form the basis of initiating litigation on behalf of the Successor Agency and/or City - [One (1) Matter]

RECONVENE TO OPEN SESSION
CityAttorney Martin de los Angeles reconvened the Regular Meeting in Open Session al7:57 p.m.

15. CLOSED SESSION ANNOUNCEMENT
City Attorney Martin de los Angeles announced that with respect to item 14, direction was given, but no final action was taken.

16. ADJOURNMENT
The City Council / Agency meeting was adjourned at 7:58 p.m.

City Councili$uccessor Agency Minutes of 1'116/18 Page 6 of 7

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Chris Garcia
Mayor
ATTEST:

Deputy City
City Council/Successor Agency Minutes of 11/6i 18 Page 7 oI 7

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ATTACHMENT I.

City Council Staff Report
November 6, 2018

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STAFF REPORT
Date: November 6, 2018
To: Honorable Mayor/Chair and City Council/Agency Members From: Jose E. Pulido, City Manager/Executive Director
By: Ebony J. McGee Andersen, Economic Development Principal Planner Salvador Lopez Jr., Interim Community Development Manager Subject: A Public Hearing to Consider the Appeal of Applicant Aqua Tergere, LLC (Location: 8210 Atlantic Avenue) of the Cudahy Planning Commission’s Denial of Commercial Cannabis Permit (CCP) No. CCP18-0011 and Ordnance No. 697, approving Development Agreement (DA) No. DA18-011C

RECOMMENDATION
It is Recommended that the City Council:
a. Open the Public Hearing;
b. Receive a presentation from staff;
c. Pose questions to staff;
d. Receive comment from interested members of the public; e. Pose closing questions to staff; and
f. Close the Public Hearing and commence deliberations
If the City Council desires, it may:
a. Uphold the Planning Commission’s decision based on the record on appeal and the testimony of City staff, the applicant, and interested members of the public; or Item Number
11B

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b. Overturn the Planning Commission’s decision based on the record on appeal and the testimony of City staff, the applicant, and interested members of the public, and:

1. Adopt Resolution No. 18-49, approving the issuance of Commercial Cannabis Permit No. CCP18-0011 to allow a Commercial Cannabis Facility for the Site located at 8210 Atlantic Avenue;

2. Authorize the City Manager to allow a payment plan, if requested, for the Community Benefit Program as outlined in the Development Agreement (DA);

4. Provide direction to City staff on whether to modify or not modify the DA to bind the operator to any future Cannabis Tax that may be imposed by the City and/or by a voter approved Cannabis Tax;

5. Approve DA No. DA18-011C publicly noticed November 6, 2018 City Council meeting and authorize the Mayor to execute said Agreements on behalf of the City; and

6. Introduce Ordinance No. 697 by First Reading by title only, approving the DA by and between the City and Aqua Tergere, LLC.

BACKGROUND

1. In 1996, the California Legislature approved Proposition 215, also known as the Compassionate Use Act (the “CUA”), which was codified under Health and Safety Code Section 11262.5 et sec. and was intended to enable persons in need of medical marijuana for specified medical purposes, such as cancer, anorexia, AIDS, chronic pain, glaucoma and arthritis, to obtain and use marijuana under limited circumstances and where recommended by a physician. The CUA provides that “nothing in this section shall be construed or supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes.”

2. In 2004, the California Legislature enacted the Medical Marijuana Program Act (Health & Saf. Code, § 11362.7 et seq.) (the “MMP”), which clarified the scope of the CUA, created a state-approved voluntary medical marijuana identification card program, and authorized cities to adopt and enforce rules and regulations consistent with the MMP. Assembly Bill

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2650 (2010) and Assembly Bill 1300 (2011) amended the MMP to expressly recognize the authority of counties and cities to “[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective” and to civilly and criminally enforce such ordinances.

The Federal Controlled Substances Act (21 U.S. C., § 801 et seq.) makes it unlawful under federal law for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute, or dispense marijuana. Despite such federal prohibition, on August 29, 2013, the United States Department of Justice issued a memorandum (the “Cole Memo”) stating that, notwithstanding the federal classification of marijuana as a schedule 1 controlled substance, jurisdictions that have legalized marijuana in some form are less likely to be subject to federal enforcement under the Controlled Substances Act if they have implemented strong and effective regulatory and enforcement systems to follow eight guiding principles: (1) preventing the distribution of marijuana to minors; (2) preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels; (3) preventing the diversion of marijuana from states where it is legal under state law in some form to other states; (4) preventing state authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; (5) preventing violence and the use of firearms in the cultivation and distribution of marijuana; (6) preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; (7) preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and (8) preventing marijuana possession or use on federal property.

3. On February 1, 2012, California Governor Brown dissolved the redevelopment areas in cities statewide thereby negating $3 million annually in funds to the Cudahy Community Development Commission (CDC).

4. On July 12, 2014, the City Council held a Special Meeting to prepare a draft strategic plan (Attachment A) which among other things identified the need to establish an economic development plan, develop consistent revenue generators, implement a business retention program, and above all use these various tools to adopt a balanced budget.

5. On August 11, 2014, the City Council entered into an Employment Agreement with Jose E.

Pulido for the City Manager position.

6. On August 10, 2015, the City Council approved the addition of an Economic Development Ordinance No. 652 with the goal of providing the City with an economic development venue to implement its General and Strategic Plan.

7. In September 2015, the California State Legislature enacted, and Governor Brown signed

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into law three bills – Assembly Bill 243, Assembly Bill 266, and Senate Bill 643 – which together comprise the Medical Marijuana Regulation and Safety Act (the “MMRSA”). The MMRSA created a comprehensive dual state licensing system for the cultivation, manufacture, retail, sale, transport, distribution, delivery, and testing of medical cannabis.

8. On October 26, 2015, the City Council approved Ordinance No. 653 to amend the municipal code to provide investment and development opportunities in our depilated and underutilized industrial zones through a Development Agreement (DA).

9. On August 22, 2016, the City Council adopted Interim Urgency Ordinance No. 656U to establish a temporary moratorium on medical “commercial cannabis activities,” as defined under the MMRSA, for a period of 45 days and extended such moratorium for an additional period of 22 months and 15 days under Interim Urgency Ordinance No. 661, on September 26, 2016.

The MMRSA was renamed the Medical Cannabis Regulation and Safety Act (the “MCRSA”) under Senate Bill 837 in June 2016, which also included substantive changes to the applicable state laws, which affect the various state agencies involved in regulating cannabis businesses as well as potential licensees.

10. On November 8, 2016, the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA”) was approved California voters as Proposition 64 and became effective on November 9, 2016, pursuant to the California Constitution (Cal. Const., art. II, § 10(a).).

Proposition 64 legalized the nonmedical use of cannabis by persons 21 years of age and over, and the personal cultivation of up to six (6) cannabis plants.

11. On November 14, 2016, the City Council adopted Urgency Ordinance No. 663 to prohibit outdoor personal marijuana cultivation and establish regulations and a permitting process for indoor personal marijuana cultivation.

AUMA also created a state regulatory and licensing system governing the commercial cultivation, testing, and distribution of nonmedical cannabis, and the manufacturing of nonmedical cannabis products.

12. On January 9, 2017, Interim Urgency Ordinance No. 666 was adopted by the City Council to establish a temporary moratorium on nonmedical “commercial cannabis activities” for a period of 45 days and extended such moratorium for an additional period of 22 months and 15 days under Interim Urgency Ordinance No. 667, on February 27, 2017.

13. On June 27, 2017, Governor Brown signed the Legislature-approved Senate Bill 94. SB 94 combined elements of the MCRSA and AUMA to establish a streamlined singular regulatory and licensing structure for both medical and nonmedical cannabis activities given that there were discrepancies between the MCRSA and AUMA. The new

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consolidated provisions under SB 94 are now known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) to be governed by the California Bureau of Cannabis Control. MAUCRSA refers to medical cannabis as “medicinal cannabis” and nonmedical/recreational cannabis as “adult-use cannabis.”

14. On June 27, 2017, as part of an Economic Development Ad Hoc Committee presentation on City Council opportunities, commercial cannabis regulations and strategies were discussed by the City Council. Based upon such discussion and direction from the City Council, the City sought to establish an overlay zone in the City in which certain medicinalonly commercial cannabis activities could be conducted in accordance with MAUCRSA and the City’s police power under Section 7 of Article XI of the California Constitution.

15. On July 31, 2017, the Cudahy Planning Commission adopted Planning Commission Resolution No. 17-03, which: (1) found that the proposed Ordinance No. 673 is consistent with the General Plan and compliant with CEQA; and (2) recommended City Council approval of the proposed Ordinance No. 673.

16. At its meeting of August 24, 2017, the City Council approved Ordinance No. 673 for First Reading.

17. On September 11, 2017, the City Council held a Second Reading of Ordinance No. 673.

18. On September 25, 2017, the City entered into Professional Services Agreements (PSA) with Vincent Sarmiento and Glenn Ward Calsada for cannabis legal counsel; MGO for technical consultation, economic projection and application screening and review; and emja Planning + Development, for policy development, permit processing, project management and on-going compliance enforcement services in connection with the City’s Cannabis Program.

19. On September 21, 2017, an amendment to the City’s fee schedule, was approved and adopted by City Council.

20. On December 4, 2017, the Commercial Cannabis Permit applications were initially due to the City, after a 45-day application period. However, due to technical difficulties with the online application program, the City Manager extended the application submission deadline to December 15, 2017.

21. On December 15, 2017, the City received 41 applications for commercial cannabis license types were received by the City, including those for cultivation, manufacturing, retail delivery, distribution and testing.

22. By February 1, 2018, the City received reimbursement agreements from applicants to ensure all staff and consultant time, including permit processing, monitoring and compliance costs, will be reimbursed to the City by the applicant.

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23. On March 20, 2018, the City Council approved a General Plan Update (General Plan 2040) which established new Zoning Districts.

24. On July 17, 2018, The City Council adopted the Zoning Code Amendment which formally established the new zoning districts and uses therein. As a result, the existing Commercial Manufacturing (CM) zone became a Light Industrial (LI) Subdistrict, which is consistent with the General Plan Land Use Designation.

25. To date, the City has processed 14 Development Agreements and 7 Commercial Cannabis Permits applications submitted by applicants, in accordance with City Ordinance No. 673.

26. On September 7, 2018, the Planning Department and City Clerk’s Office provided public notice regarding to the Planning Commission hearing on this matter in accordance with the requirements of Government Code §65091 and the City Municipal Code. The Planning Division mailed notices to all owners of property within 300 feet of the project site and placed a legal ad in the Press Telegram.

27. On September 17, 2018, at a duly noticed public hearing, the Planning Commission considered an application for Commercial Cannabis Permit (“CCP”), [CCP18-0011], and Development Agreement (“DA”) [DA18-011C], respectively, submitted by Aqua Tergere, LLC ("Applicant"). A staff presentation was made, and public testimony was heard. A summary of the hearing (Attachment B) has been prepared and is now part of the permanent file of the case.

By majority vote of the members present, the Planning Commission decided not to recommend CCP18-011 and DA18-011C to the City Council.

28. On October 1, 2018, the Applicants herein submitted their written Notice of Appeal (Attachment A) to the Clerk of the Council, pursuant to Section 20.84.160 of the Cudahy Zoning Code. The Applicants/Appellants claim the Planning Commission “failed to articulate findings and provide supporting evidence identifying specifics in the record that are the reason for the denial.”
The Appeal of the denial of the CCP, having been timely filed, accompanied by the required processing fee, and reciting the grounds for appeal of the determination, is now properly before the City Council for de novo consideration. As a result, the City Council has the authority to reverse, modify, or affirm the underlying Planning Commission decision in whole or in part based on the evidence presented.

Notwithstanding the Planning Commission's recommendation of disapproval of the DA, the City Council may approve the DA provided that the DA meets the minimum requirements under state law for approval by ordinance and the City Council finds that its

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provisions are consistent with the general plan (as amended) and any applicable zoning or specific plans. Cudahy Municipal Code Section 20.84.580. The City Council may also disapprove the DA or condition its approval on any other terms, conditions and requirements that the City Council deems proper. Cudahy Municipal Code Section

20.84.570

ANALYSIS
Approximately four years ago, the City Council identified a growing number of vacant and dilapidated warehouses within the City. These vacancies created a blighted condition in the City’s industrial areas. With the decline in local and national manufacturing industry, businesses once operating successfully, closed and left the City, causing employment opportunities and sales tax dollars to drastically decrease. Because of these circumstances, the City Council worked to create new economic development tools for the City, including the establishment of a new economic development chapter to the City’s municipal code (Ordinance 6530). The new chapter outlined economic development tool such Development Agreements to take advantage of emerging business trends. Last month, the City Council adopted the City’s 2040 General Plan update to address outdated land-use policies. These additions will help further the City’s economic development goals and policies.

To implement the City Council’s and community’s goals to address underperforming, blighted areas in the City, the Council formed an Economic Development Ad hoc Committee. The primary task of the ad hoc committee was to research economic opportunities for the underperforming areas and buildings within the City. The ad hoc committed looked to introduce new industries that would generate revenue for the City and create sustainable employment opportunities for Cudahy residents. The committee also wanted to ensure underutilized or abandoned industrial areas were developed into a vibrant hub of entrepreneurial activity. Consistent with these objectives, approximately two years ago, the City Council identified Commercial Cannabis as an emerging industry suitable for the industrial areas and vacant warehouse spaces. After a thorough analysis of the industry and business opportunities the industry could bring, the City Council directed the City Manager to assemble and retain a consulting team to assist with the implementation of a regulatory framework for allowing commercial cannabis activities in the City. Under the direction of the City Manager, the consulting team developed an application process, permit eligibility criteria, development standards, development agreement terms and conditions. In consultation with the applicants and City Manager, the consulting team negotiated the operational fees and community benefit program fees stipulated within the development agreements. In addition to the potential new City revenues resulting from operational fees (based on gross receipts), a Community Benefit Program fund is expected to help the City

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fund projects such as new parks, capital improvement projects, youth recreation programs, and holiday and special community events.

Pursuant to the City Council’s direction to the City Manager, and the State of California’s December 31, 2017 deadline to issue Cannabis-related business licenses, City staff and the consultant team prepared a procurement process to consider applicants prior to the State of California deadline. A total of 21 applicants submitted application materials for 41 licenses by the deadline. During the past four months, City staff and the consultant team have diligently worked to ensure the project is complete, as stipulated by the City’s Development Agreement Ordinance No. 653 and Commercial Cannabis Ordinance No. 673. Staff has determined the project is completed and meets the requirements necessary for the City Council to consider and make a recommendation to the City Council. The project will be heard and considered by the City Council on November 6, 2018 and was publicly noticed on October 26, 2018 in the Press Telegram.

PROJECT SITE LOCATION AND ASSESSOR’S PARCEL NUMBER
The project site is located at 8210 Atlantic Avenue. The Tax Assessor’s Parcel Number (APN) is 6224-023-020.

Figure 1.1 - Proposed Project Site
Project Description

The proposed project includes a Commercial Cannabis Permit, which is a type of conditional

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use permit, to allow for a Commercial Cannabis Facility and a Development Agreement (DA) for commercial cannabis activities including manufacturing within an existing, currently vacant, approximately 2,665 square foot industrial building. The site is currently developed with one commercial building and two modular buildings. The existing modular buildings will be removed prior to the commencement of any on-site activities or improvements. The proposed project will be built in one phase and includes the following commercial cannabis activities:
• Manufacturing: The manufacturing area consists of a 240 square foot prefabricated class1/division1 FlexMod extraction room that will house state of the art closed-loop extraction systems; a 356 square foot room where minor post extraction manipulations will occur (ie. Decarboxylation degassing, and drying), a 488 square foot post-process room that meets class1/division2 safety standards that will house processing and evaporation equipment; a 266 square foot storage and transfer room that will hold both intake and outtake manifests as well as storage of fresh plant material; an 80 square foot product storage vault where bulk and packaged product will be stored; and a 360 square foot packaging and labeling room containing boxes, glass jars, and child-proof packaging of extraction products. The facility also includes 106 square feet of restrooms where employee’s can change into proper work attire and utilize the facilities. The proposed facility includes a total of 1,084 (240 C1D1, 356 pre process, 488 post process) square feet of production space and 2,665 square feet of total premises space. • General Business Offices: The facility will be open from 8 a.m. to 8 p.m., Monday through Friday, with up to eight (8) employees at the highest running shit.

Parking/Loading/Access: The proposed project provides 15 parking spaces, including 1 accessible van spaces. Loading will take place on-site. Vehicular access to the site will be through an existing driveway on Atlantic Avenue. Within the site, access to the structures will be through the secured front office entrance. The project complies with the CAL Green Tier 1 by incorporating stormwater pollution prevention measures, installing energy- and waterefficient equipment, and planting native and drought-tolerant landscaping at the front of the property.

Security: The project will secure the facility against unauthorized entry by installing security lights on the exterior of the building to illuminate the side yards and parking area, installing commercial-grade locks, installing an alarm and video surveillance system, establishing procedures for identifying authorized persons, establish inventory controls, and install a secure surveillance vault to maintain the integrity of records. In addition, the applicant will engage a licensed security company to provide an operational security plan in compliance

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with Ordinance 673.

Aqua Tergere, LLC will employ approximately 10 employees. As a term of the Development Agreement with the City, the facility must offer 50% of the employment opportunities to City residents. This will result in at least five (5) jobs in the City. Currently, the site offers no employment opportunities to residents or otherwise, as the facility is vacant. The existing industrial building is located on a 35,140 square foot lot, which is unmaintained with no landscaping. With the façade and site improvements proposed by the applicant, the site would include a new security fence with lighting, 24-hour security cameras, new landscaping, various tenant improvements, and parking lot upgrades. All development will be consistent with the City’s proposed design and landscaping guidelines.

Aqua Tergere, LLC has agreed to provide living wages, full-time employment, and medical benefits to their employees, as a term of their development agreement with the City. In addition to employment and other economic opportunities, Aqua Tergere, LLC would further the City’s beautification efforts by providing on-site improvements, extensive landscaping, and enhance the security measures to the facility. Aqua Tergere, LLC has demonstrated to the City that they are an exemplary corporate partner and would be dedicated to meeting the goals of the City and community.

Commercial Cannabis Permit (CCP) and License Types
Pursuant to the Cudahy Municipal Code (CMC) Chapter 20.120.030 (Ordinance No. 673), all Commercial Cannabis activities, except retail dispensaries, shall be allowed within the Urban Agriculture Overlay Zone with a Development Agreement adopted in accordance with accordance with the Development Agreement Law (Government Code Section 65864 et. Seq.) and CMC Chapter 20.28 (Development Agreements). The City shall issue Commercial Cannabis Permits (CCP) as defined in Chapter 5.20.020(c). Cannabis permits may authorize Commercial Cannabis Activity, including, but not limited to, Cannabis Cultivation, Manufacturing, Distribution, Retail Delivery, Microbusinesses and Testing. Commercial Cannabis activities may be conditionally permitted within the Urban Agriculture Overlay Zone.

Commercial Cannabis Permits are a distinct and unique Conditional Use Permit which can only be granted within the Urban Agriculture Overlay Zone and in accordance with applicable state law.

Each Commercial Cannabis Operator is required, by Ordinance 673, to have both a Commercial Cannabis Permit and a Development Agreement that authorizes the specific Commercial Cannabis activities. The development agreement establishes annual operating and Community Benefit Program (CBP) fees that would be paid by the Operator to the City,

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upon execution of the agreement. The proposed development agreements with all commercial cannabis operators require Operators to pay a monthly operating fee of $0.42 per square foot of the premises, as identified in each respective development agreement, until the owner is operating and selling products under the City and State regulatory permits.

Once operators are operating or generating income, the monthly operating fee would be the greater of $0.42 per square foot of production space or 1%-2% of gross receipts, based on the license type.

Table 2.1, below, summarizes the proposed operators and respective license types as well as the operating fees the City has assessed on each license type.

Table 2.1 Operator License Fees
Operator License Type Fee Assessment* Monthly
NonOperating SF
Fee ($0.42 x
premises sf)
CBP Fee
Aqua
Tergere,
LLC
(DA18-
011C)
Manufacturing 2% of gross receipts when
gross receipts exceed
$455.28, which
represents $0.42 per
square foot of the total
1,084 square feet of
production space.
$664.02 on
1,581 SF of
premises
space
$66,667.00
Total Fee
Assessment
$455.28 minimum $664.02 $66,667.00
*see Development Agreement for definition of production space and fee assessment details for each operation.

The proposed operation would generate a minimum of $455.28 ($5,463.36 annually) while operational and $664.02 monthly ($7,968.24 annually) revenue for the City in the event the facility does not become operational. The non-operational fee represents the cost to the operator to hold each license. However, once the facility is generating revenue, the City would receive 1%-2% of gross receipts, when gross receipts exceed the square foot rate for production space.

General Plan and Zoning

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The proposed project is located within the Commercial Urban Agriculture Overlay Zone. The Commercial Urban Agriculture Overlay Zone is the only area within this City where Commercial Cannabis uses are allowed under the City Cannabis Ordinance No. 673. The zone allows for all commercial cannabis activities including, cultivation, manufacturing, distribution and retail delivery.

Figure 3.1 – Zoning and General Plan Land Use Designations Table 3.1 below indicates existing Cudahy 2040 General Plan and Zoning Land Use Designations for the proposed project site and surrounding area.

Table 3.1 – Existing General Plan and Zoning Information (Exhibit 1) Surrounding
Site
Locations
Existing Land Use
General Plan
Designation
Zoning
Designation
Proposed
Project Site
Vacant Industrial
Building Entertainment (ENT)
Commercial
Manufacturing –
Urban Agriculture
Overlay Zone

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North
Multi-Family
Residential
Entertainment (ENT)
and High Density
Residential (HDR)
High Density
Residential – Urban
Agriculture Overlay
Zone
South
Commercial/Industrial
Buildings (Future
Commercial Cannabis
Uses)
Entertainment (ENT)
Commercial
Manufacturing –
Urban Agriculture
Overlay Zone
East
Commercial/Industrial
Buildings (Future
Commercial Cannabis
Uses)
Light Industrial (LI)
Commercial
Manufacturing –
Urban Agriculture
Overlay Zone
West
Commercial/Industrial
Buildings
Entertainment (ENT)
Community
Commercial – Urban
Agriculture Overlay
Zone
The project site is currently developed with one vacant building totaling 2,665 square feet and two modular buildings (to be removed). To the south, east and west of the project site are various commercial and manufacturing facilities. To the west of the project site is Venture Auto, Inc. and multi-family residence (originally a single-family resident converted into multiple units). To the north of the site is multi-family housing development and the County of Los Angeles Department Public Social Services (DPSS). The facilities to the south and west of the project site are zoned for Commercial Cannabis actives and one parcel southwest of the project site has a Commercial Cannabis Permit application pending review by the City.

Table 3.2 below indicates the proposed City of Cudahy General Plan and Zoning Land Use Designations for the proposed project site and surrounding area.

Table 3.2 – Proposed General Plan and Zoning Information Surrounding Site
Locations Proposed Land Use Proposed General Plan Designation Proposed Zoning
Designation
Proposed Project
Site
Commercial Cannabis
Facility
No change No change
North No applications pending No change No change

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South Commercial Cannabis
Facilities
No change No change
East No applications pending No change No change
West No applications pending No change No change
The proposed project includes Commercial Cannabis manufacturing in an existing, currently vacant, building. There is no General Plan or Zoning Designation proposed for the project site. There are no proposed projects to the north or east of the project site at the current time. There is one Commercial Cannabis facility proposed for the property to the southwest of the project site.

Consistency with the Cudahy 2040 General Plan
The 2040 General Plan outlines several goals, policies and programs designed to guide development within the City and achieve the design goals expressed by the community during the General Plan Update process. The section below, identifies the applicable General Plan goals, policies and programs and demonstrates how the proposed project will comply with or meet the requirements.

1. Goal LU -1 (land use): Complete, integrated, and defined neighborhoods, corridors, and districts.
• Policy LUE 1.1: Develop, maintain, and enhance the beneficial and unique character of the different neighborhoods, districts and open spaces.

The proposed project will contribute to defining the Commercial Urban Agriculture Overlay zone by developing a business within the emerging commercial cannabis industry. The proposed facility is located within the general area of other approved commercial cannabis sites, along Cecila St. The unifying design themes of each commercial cannabis facility will create a cohesive, modern, improved urban landscape for the area.

2. Goal LUE -3 (land use): Aesthetically pleasing, definitive, and inclusive urban design • Require building and site frontages that define public streets with high-quality architectural and landscape design, including small-scale architectural elements and plan changes.
• Require new and renovated building be designed to avoid styles, colors, and materials that negatively impact the environment or the design character of the neighborhood and center in which they are located.

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The proposed project fronts Atlantic Avenue, which is a public street. The project includes a landscape buffer at the property line between the adjacent parcel where access is taken and the proposed fencing. Landscaping elements include drought-tolerant native plant species with water efficient irrigation. As a condition of approval, the facility operator must submit to the City, for review and approval, a façade improvement plan and landscaping plan which are required to be designed to meet the City’s design and landscaping guidelines. The design elements include modern architecture with a neighborhood character that is highlighted by creative design spaces. The façade improvements for the existing building will comply with the design and character goals outlined in the General Plan.

3. Goal LUE (land use) – 6: Enhanced character in neighborhoods • Policy LUE 6.2: Require that new additions, renovations, and infill development be sensitive to neighborhood context and building form and scale.

The proposed project is an infill development project as the proposed facility will be operating within one existing building. While the project does not include any major construction or additions, the design and scale has been evaluated to ensure compatibility with existing and future development. The area is currently largely industrial uses, including warehouses, manufacturing facilities and storage facilities. Most existing buildings are singlestory on deep rectangular lots. The proposed project is consistent with the existing neighborhood.
• Policy LUE 6.4: Require commercial and industrial uses to screen service facilities from public view. New development should enclose loading docks and bays when directly adjacent to residential uses.

The proposed facility design includes a security wall which will screen all commercial cannabis activities from pedestrian view and prevent access from the immediately adjacent residential uses to the north and west of the facility. All loading activities will occur behind the facilities security wall. No facility activities will be visible from the public view shed.

4. Goal ED-1 (economic development): A diverse and healthy economy • Policy ED-1.1: Promote long-term partnerships and programs that facilitate business recruitment, retention, and expansion through partnerships with businesses, property owners, and educational, arts, and environmental communities and other stakeholder groups.

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The Commercial Cannabis Program helps the City meet this economic development goal and policy by creating long-term partnerships with facility operators. The proposed project includes a 10-year development agreement and a commercial cannabis permit. Over the 10- year life of the permit, the Operator is required, as a term and condition of operation, to contribute to the economy of the City by providing employment opportunities, paying operational fees and by making an annual contribution to the General Fund with the Community Benefits Program fee. The proposed development agreement stipulates that the Operator will contribute a minimum of $66,667 annually to the City for community benefits and programs. This will result in $666,667 in revenue for the City over the 10-year permit life.

Each of the Commercial Cannabis sites will be required to make the same contribution as a term of their retrospective development agreements. If all proposed project sites are approved, the community benefit contribution alone would result in approximately $9.3 million in revenue for the City over 10 years.

5. Goal ED – 2: A thriving business climate that attracts and retains new businesses of diverse types and sizes.
• Policy ED – 2.3: Incentivize business to locate in Cudahy. • Policy ED – 2.4: Streamline development and business application process to ensure they are thorough and efficient.

The Commercial Cannabis program offers cannabis industry leaders a unique and diverse operating area in the City. The City is conveniently located near the 710, I-5, 105 and 91 freeways. In addition to major roadways, the City is near the Los Angeles International Airport and Long Beach Port – both of which are major domestic and international import/export hubs. Being located just outside the City of Los Angeles, Cudahy provides Operators an opportunity to legalize their existing cannabis businesses in an unsaturated market, with an expedited permitting process, while remaining within short distance to major retail dispensaries within greater Los Angeles area. As such, the City has attracted some of the largest-most successful cannabis brands in the industry, like Aqua Tergere, LLC. As the operator and long-term tenant, the company is committed to maintaining a corporate partnership with the City.

6. Goal ED – 3: A skilled and adaptable local workforce • Policy ED – 3.1: Strive to increase the number of Cudahy resident who both live and work in Cudahy.
• Policy ED – 3.3: Continue to support industries that provide a range of jobs at prevailing

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living ages through land use policy and local incentives.

As previously mentioned, the proposed development agreement includes a provision that requires the Operator to provide 50% of the employment opportunities generated by the facility to Cudahy residents. The existing building is vacant, thus providing no jobs for residents. Other business in the City are not required to meet this requirement, therefore, if the building was leased or purchased by another business, the City would not necessarily gain any new jobs. Further, the proposed development agreement requires that all employees are paid a living wage, as determined by the Los Angeles Living Wage Ordinance, as well as fulltime employment with benefits.

By agreeing to provide local jobs with living wages, Aqua Tergere, LLC will assist the City with meeting this goal and policy.

Urban Agriculture Overlay Business Standards
The proposed project is subject to the City of Cudahy Municipal Code (CMC), Title 20, Chapter

20.120 – Commercial Urban Agriculture Overlay Zone. Table 7.1 below indicates the applicable Business Development Standards of how the proposed project complies with these standards.

Table 7.1 – Commercial Cannabis Business Standards
CMC Section Business Standard Consistency Analysis
(Does the project
meet the standard?)

COMMERCIAL

CANNABIS

PRODUCTS

MANUFACTURING
(ORD. 673, SEC

5.20.110)
Commercial Cannabis Products
Manufacturing is a permitted use only
on properties within the applicable
Permit Zone with a valid Cultivation
Permit and other requisite permits and
entitlements.

Yes; the project is
located within the
Urban Agriculture
Overlay Zone as
required by the City
Zoning Code and will
operate with an
approved CCP, if
granted.

A Manufacturing Permittee must employ
at least one (1) member of its personnel
dedicated full time to quality control.

Yes; the project
includes a Condition
of Approval (COA No.
10) which requires

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compliance with this
standard.

The Manufacturing Permittee must
establish standard operating procedures
and batch record that comply with
current good manufacturing practices
and applicable State Law, including
MAUCRSA.

Yes; the project
includes a Condition
of Approval (COA No.
11) which requires
compliance with this
standard.
a) All Cannabis Products produced by
a Manufacturing Permittee must be
packaged in child resistant containers
prior to leaving the Premises for such
Manufacturing Permittee in accordance
with applicable State Law, including
MAUCRSA.
b) All Cannabis Products produced by
a Manufacturing Permittee must be
labeled in compliance with applicable
State Law, including MAUCRSA.

Yes; the project
includes a Condition
of Approval (COA No.
12) which requires
compliance with this
standard.
a) Manufacturing Permittees may
conduct Manufacturing using any type of
solvents, including Volatile Solvents, or
Manufacturing processes if such
Manufacturing complies with the
requirements of this Chapter and State
or local law, including but not limited to
Health and Safety Code Section
11362.775 (or any successive State Law)
all applicable fire and building codes in
the City and any other laws of the City
designed to ensure the safety of such
operation.
b) Manufacturing Permittees using
Volatile Solvents for Manufacturing
Cannabis Products must operate in a
manner to reduce the risk of explosion
or danger to public health, including
through the use of a close-loop or
solvent dispersion
Yes; the project
includes a Condition
of Approval (COA No.
13) which requires
compliance with this
standard.

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If hazardous materials, flammable gas,
flammable liquefied gas, flammable and
combustible liquids, or other flammable
material, as those terms are defined in
California Fire Code Section 202, are to
be used in the processing of commercial
Cannabis, then the provisions of
California Fire Code Section 407 shall be
applicable where hazardous materials
are subject to permits under California
Fire Code Section 50 (Hazardous
Materials) are located on the Premises
or where required by the applicable
building or fire official.

Yes; the facility will
use Type 7
Manufacturing
(volatile solvents)
methods and includes
a condition to obtain
LA County Fire
approval prior to
operation (COA No.
14)
Storage, use, and handling of
compressed gases in compressed gas
containers, cylinders, tanks, and systems
shall comply with California Fire Code
Chapter 53. Partially full compressed gas
containers, cylinders, or tanks containing
residual gases shall be considered as full
for the purposes of the controls
required. Compressed gases classified as
hazardous materials shall also comply
with California Fire Code Chapter 50 for
general requirements and California Fire
Code Chapter 53 addressing specific
hazards, including California Fire Code
Chapter 58 (Flammable Gases),
California Fire Code Chapter 60 (Highly
Toxic and Toxic Materials), California Fire
Code Chapter 63 (Oxidizers, Oxidizing
Gases and Oxidizing Cryogenic Fluids,
and California Fire Code Chapter 64
(Pyrophoric Materials). Prevention,
control, and mitigation of dangerous
conditions related to storage, use,
dispensing, mixing, and handling of
Yes; the facility will
use Type 7
Manufacturing
(volatile solvents)
methods and includes
a condition to obtain
LA County Fire
approval prior to
operation (COA No.
14)

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flammable and combustible liquids shall
be in accordance with California Fire
Code Chapters 50 and 57.

Urban Agriculture Overlay Proposed Design Standards
The Urban Agriculture Overlay Zone business and operational standards were established with the adoption of Ordinance 673; however, the ordinance did not provide specific design or development standards for the zone. Table 8.1 below, represents the approved designed standards for the Cannabis Zone to be incorporated in the recently approved Zoning Ordinance. To ensure consistency with the approved design standards, the proposed project has been designed to comply with the standards and the project includes conditions of approval which would ensure compliance with development standards and design guidelines.

Design/Development Standard Consistency
Analysis
Landscaping All new Commercial Cannabis Permits must
provide landscaping using drought-tolerant,
desert landscaping, as approved by the City.

Landscaping may include surface planters,
above ground planters, and other innovating
planting solutions, approved by the City. A 5-
foot landscape dedication is required at the
front of new and existing buildings. Exceptions
may be made for existing buildings with no
existing front yard setback.

Yes; the project
includes a
condition (COA No.
18) that requires
compliance with
these standards.

Parking 1 parking space for every 2 employees during
the peak shift; OR a parking plan approved by
the City.

Façade
Improvements
All new Commercial Cannabis Permits must
include a Façade Improvement Plan for City
approval. The plan must include new paint,
siding or other building improvement materials,
in a color scheme approved by the City.

Plans must also include new paving, as needed,
parking striping, and other site improvements,
as determined by the City.

Fencing Fencing must be provided along the front

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perimeter of all Commercial Cannabis facilities.

Fencing may be constructed between 8 feet
and 10 feet in the front and up to 15 feet in the
back.

Materials: Decorative or reinforced metal,
wrought iron, concrete and block wall are all
allowed materials. Alternative materials may
be allowed with City approval. Chain-link and
razor wire are strictly prohibited. Fences may
be required to be constructed 5 feet from the
property line to allow for future City
improvements.

All fencing plans must be submitted to and
approved by the City prior to construction.

Set Backs When applicable, as determined by the City
Manager, a 5-foot front yard set-back may be
required for dedication for future City Public
Right of Way improvements.

CONDITIONAL USE PERMIT FINDINGS AND SUPPORTING EVIDENCE Commercial Cannabis Permits are Conditional Use Permits pursuant to the provisions of Ordinance 673 and the City Manager’s determination. The City Council must make certain findings to grant a Conditional Use Permit pursuant to Section 20.44.070 of the Cudahy Municipal Code (CMC). The ability to make the required findings is evaluated below.

1. The site for a proposed conditional use should be adequate in size and shape to accommodate the yards, walls and fences, parking and loading, landscaping and other development features prescribed in this chapter, or required by the commission, city council or other authorized agent in order to integrate the conditional use with the land and uses in the neighborhood. [CMC § 20.44.070(1)]
The proposed project does not include any new construction. The project site has one building constructed. The other two buildings/structures on-site will be removed or demolished. The development standards for the Commercial Manufacturing – Urban Agriculture Overlay Zone will be met with the development of this project. Based on the evidence presented in this staff report, the proposed project is consistent with the development standards and design guidelines established for the Urban Agriculture

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Overlay Zone.

Based on the discussion above, this permit approval finding can be made.

2. The Commission shall consider the nature, condition, and development of adjacent uses, buildings, and structures and the effect the proposed conditional use may have on such adjacent uses, buildings and structures. [CMC § 20.44.070(2)] The surrounding properties to the south, east and west are industrial uses and zoned for commercial cannabis activity. The properties to the north are multi-family housing and the County of Los Angeles DPSS. The proposed project is in the ideal area for Commercial Cannabis activities in the City as it is within the designated Urban Agriculture Overlay and will occupy one currently vacant building.

Based on the discussion above, this permit approval finding can be made.

3. The Site for a proposed conditional use should relate to streets and highways adequate in width and pavement to carry the kind and quantity of traffic such use would generate. [CMC § 20.44.070(3)]
Atlantic Avenue is adequate in width and pavement to carry the quality of traffic generated by the proposed use. The proposed project is located behind a parcel that abuts Atlantic Avenue. The proposed project will take access from the parcel to the west through an access agreement with the landowner. The proposed project does not include any new construction and the proposed use (Commercial Cannabis Facility) will not increase the intensity of the previous manufacturing use. Therefore, no additional traffic is anticipated to be generated by the proposed project.

Based on the discussion above, this permit approval finding can be made.

CALIFORNIA ENVIORNMENTAL QUALITY ACT (CEQA)
Pursuant to CEQA (Public Resources Code §21000 et seq.) and the State CEQA Guidelines (Title 14, California Code or Regulations, Division 6, Chapter 3, §15000 et seq.), the subject application is a “project” that is subject to environmental review.

The proposed project is exempt from CEQA pursuant to the CEQA Guidelines Section 15301.

The proposed project does not include any new construction beyond interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances,

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in accordance with CEQA Section 15301(a).

CONCLUSION
Since February 1, 2012, when California Governor Jerry Brown dissolved all redevelopment agencies, the City has suffered from lack of development funding and opportunities. Prior to dissolution, the City received approximately $3 million in annual revenues from redevelopment agency funding. To overcome the loss, the City Council has prioritized economic development initiatives and programs to redevelop dilatated and underutilized industrial areas.

Consistent with this objective the City Council approved the addition of both an Economic Development Ordinance No. 652 to allow the City to implement its General Plan objectives and projects. Shortly thereafter, the City Council approved the Development Agreement Ordinance No. 653 to allow private investment groups to capitalize on emerging market trends such as the Cannabis industry. The proposed project would provide job opportunities in the City as well as significant economic and fiscal contribution to the City’s General Fund.

Based on the information presented above, the proposed project is consistent with the City Council’s economic development goals; the 2040 General Plan goals, policies and programs; and the applicable zoning regulations. Pursuant to the City’s Economic Development Ordinance No. 652, Development Agreement Ordinance 653, the Commercial Cannabis Ordinance 673 and the Zoning Code, the City Council is requested to review the proposed project and to make the findings required to grant Commercial Cannabis Permit No. CCP18- 0011 and approve Development Agreement (DA) No. DA18-011C for the Commercial Cannabis Facility to be operated by Aqua Tergere, LLC located at 8210 Atlantic Avenue (APN 6224-023-020), to the City Council.

FINANCIAL IMPACT
The proposed development agreement would require the operator to provide full-time employment opportunities to residents. The proposed facility is projected to hire up to 10 employees with 50% being City residents. The building facility is currently vacant and therefore currently providing no employment opportunities or generating any sales tax revenue for the City. Because no business is currently being operated, the City is also losing potential business license revenues. Such has been the case for several years.

By allowing the proposed uses, the City would not only bring new jobs to the residents, but

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also potential tax revenue generated by sales tax and business license tax. In addition to tax revenues, the City would get between 1% and 2% of the facilities gross receipts. California is currently the most profitable cannabis market in the nation with market projections upwards of $5.3 Billion in the first year of the legal market (2018). The Los Angeles market leads all other regions—including Colorado and Las Vegas—with cannabis sales. BDS Analytics calculated sales from Colorado, Oregon, and Washington and California for four months (March through June) in 2017. California state dispensaries sold $894 million worth of cannabis products versus Colorado's $516 million, Washington's $302 million and Oregon's $163 million. Some small cultivation sites, similar in size to the proposed project, are projecting annual revenues upwards of $4 million per year. Such revenues would result in a $80,000 annual revenue for the City on the cultivation license, alone.

As described in the 2040 General Plan Consistency section, above, the proposed development agreement stipulates that the Operator will contribute a minimum of $66,667 annually to the City for community benefits and programs. This will result in $666,667 in revenue for the City over the 10-year permit life. Each of the Commercial Cannabis sites will be required to make the same contribution as a term of their retrospective development agreements. As previously mentioned, if the City approves all proposed project sites, the community benefit contribution would result in approximately $9.3 million in revenue for the City over 10 years.

For Fiscal Year (FY) 2018-19 the minimum monthly Operating Fee is projected to be approximately $1,365.84 based upon square footage. In the event the business is not operating in the FY, the minimum fee the City will receive is approximately $1,992.06. The minimum annual Operating Fee for FY 2018-19 is estimated to be $[inter amount]. This Operating Fee is projected for the period April 1, 2019 to June 30, 2019, if the City takes the following actions:

1. City Council approves the proposed Ordinances and Development Agreements on November 6, 2018;

2. Second Reading of this Ordinance is on November 20, 2018; and

3. Ordinance (Development Agreement) is effectuated 30 days thereafter.

In subsequent years, based upon the size and various licenses types, the site would conservatively bring in approximately $7,968.24 in annual revenue to the City through minimum operational fees; however, the proposed operation is managed by a successful, experience cannabis company with profit projections that far exceed the minimum fee projections. The City anticipates Operating Fee minimum revenues from the nine locations being proposed to the Planning Commission and City Council to be $1,365.84 for Fiscal Year

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2018-19. This site represents 1% of the $465,000 revenue projection.

In addition to operating fees, operators will pay a Community Benefit Program fee of $66,667.00, annually, to the City General Fund to support community programs. Based on the economic and fiscal analysis above, the proposed project will have a positive fiscal impact on the City.

It is possible that the City may, in the future, impose a city-wide Cannabis Tax (by Citizen Initiative or otherwise). However, the proposed development agreements do not bind operators to an unknown future Cannabis Tax. Staff recommends that the Commission consider this issue when reviewing the economic impacts of the development agreements and, if appropriate, require operators to expressly agree to be bound by any such future Cannabis Tax. However, it is expected that operators would object to such a condition.

LEGAL DESCRIPTION
The proposed development would occur on a legal lot. The proposed property is a legal lot described and shows as follows:

THE NORTHERLY 160 FEET OF LOTS 213 AND 214 OF TRACT NO. 180, IN THE CITY OF CUDAHY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE 198 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

ATTACHMENTS
A. APPLICANT’S APPEAL LETTER
B. DRAFT MINUTES OF THE SEPTEMBER 17, 2018 PLANNING COMMISSION MEETING C. STRATEGIC PLAN
D. ZONING DESIGNATION MAP
E. GENERAL PLAN LAND USE DESIGNATION MAP
F. PROJECT SITE PLAN, FLOOR PLAN AND BUILDING ELEVATION/SITE PHOTOS G. NOTICE OF EXEMPTION
H. CONDITONS OF APPROVAL
I. RESOLUTION NO. 18-49
J. ORDINANCE NO. 697

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ATTACHMENT A

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ATTACHMENT B

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ACTION MINUTES

CUDAHY PLANNING COMMISSION
A Meeting to be held in the City Council Chambers,
5240 Santa Ana Street, Cudahy, California,
Monday, September 17, 2018 – 6:00 P.M.

1. CALL TO ORDER
Vice Chairperson Alcantar called the meeting to order at 6:23 p.m.

2. ROLL CALL

Present: Vice Chair Alcantar
Commissioner Becerra
Commissioner Corvera‐Hernandez
Commissioner Ortega

Absent: Chairman Fuentes
Staff Present: Interim Community Development Manager, Salvador Lopez Jr.

Economic Development Principal Planner, Ebony J. McGee Andersen, Deputy City Attorney, Martin De Los Angeles
Special Counsel, Vincent F. Sarmiento

3. PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Vice Chair Alcantar

4. PRESENTATIONS – NONE

Angelica Martinez (Spanish) – I do not want the marijuana to be approved. Because we can’t stand our resident’s neighbors anymore who continue to have parties and we can no longer tolerate it.

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We don’t need cannabis or whatever you call it. We need things for the community. Even if you laugh, Ortega.

But it’s true, people are tired of not having politicians for the people. They are narcopoliticians and it’s not fair.

Having no further speakers – Public Comment was closed.

Recommendation: Motion to waive the full text reading of all resolutions on the agenda.

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MOTION: Commissioner Corvera‐Hernandez moved the motion to approve item 6A, motion seconded by Commissioner Ortega, which carried with the following roll call vote:

Ayes: Commissioners Becerra, Corvera‐Hernandez, Ortega, and Alcantar Noes: None
Abstention: None

Absent: Chair Fuentes
Motion Approved

7. PUBLIC HEARING
A. Commercial Cannabis Permit (CC) No. CCP18‐0011 and Development Agreement (DA) No. DA18‐ 011C (Location: 8210 Atlantic Avenue, Applicant Aqua Tergere, LLC):

Interim Community Development Manager Lopez clarified that the item presented was item 7B on the agenda.

Vice Chair Alcantar asked staff to clarify which applications were approved at the last Planning Commission Meeting.

Principal Planner McGee confirmed that Natures Natural and Nyce Guys were the two applications approved at the last Planning Commission Meeting.

Vice Chair Alcantar declared the public hearing open for agenda item 7B.

PUBLIC COMMENT:

Adriana Leanos: Again, my name is Adriana Leanos and basically, the same thing, I do not approve.

We have children, it’s awful having your child grow with that smoke around them.

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ADDITIONAL PUBLIC COMMENT:

Ebony provided the following clarifying comments:

The Ordinance for the City is only medicinal. So, all of these licenses are for medicinal cannabis only.

We don’t allow any dispensaries or any recreational or adult use at this time.

Vincent Sarmiento addressed the Commission.

Principal Planner McGee provided additional comment:

Also, commissioner, there are all of the permits have a provision that prevent any of the operators

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Principal Planner McGee provided additional clarification:

And just for clarification, we did put out noticing for the 300 radius, as well as the website and as well as city hall. All three.

Vice Chair Alcantar asked if the applicant would like to come forward with answers, comments, or anything.

COMMISSION COMMENT:

Commissioner Ortega addressed the audience:

Vice Chair Alcantar provided the following comments:

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Ebony thanked Madam Chair and responded with the following:

Vice chair Alcantar response:

Alcantar asked a follow‐up question:

But, if I can also know for my record, does the notice go out when the agenda items go out, or when the applicant submits?
Ebony’s response:

It goes out 10 days before the hearing. That’s a legal requirement.

Vincent Sarmiento provided additional comment/clarification:

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Vice Chair Alcantar asked for additional commission comments.

Commissioner Becerra provided the following comment:

Vincent Sarmineto provided additional comment:

Commissioner Becerra provided follow‐up comment:

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Ayes: Commissioners Corvera‐Hernandez, Ortega and Alcantar Noes: Becerra
Abstention:

Absent: Chair Fuentes

Motion Approved 3‐1

B. Commercial Cannabis Permit (CC) No. CCP18‐0002 and Development Agreement (DA) No. DA18‐ 002C (Location: 4311 Santa Ana Street, Applicant 420 Realty):

Economic Development Principal Planner McGee Anderson presented a powerpoint presentation providing an overview of the proposed project.

Vice Chair Alcantar asked if there was a copy of the comments.

Vice Chair Alcantar asked if the applicant was in attendance and asked if the applicant would like to give any comments, or if there are any questions from the commission to the applicant.

Vice Chair Alcantar opened the public hearing.

Public comment:

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Vice Chair Alcantar asked if there were any other comments.

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putting at risk our city for $800,00. Just think about it, there’s other ways.

Vice Chair Alcantar asked for additional comments and indicated they are closing the public comments.

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Um, there was a point made that the CEO of Hamptons Holdings from what I understand is a public official, so can you elucidate that point you made about…there’s no sort of conflict

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Richard Polanco: My name is Richard Polanco.

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Vice Chair ‐ Any questions from other Commissioners to the applicant or city staff? So, at this

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Times up.
_________________________
David Argudo: So, thank you for your consideration

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Vice Chair Alcantar called for last comments before entertaining a motion.

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Ayes: Commissioners Corvera‐Hernandez, Ortega and Alcantar Noes: Becerra
Abstention:

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Vice Chair Alcantar opened the public hearing and asked for public testimony No public comment or testimony received.

Vice Chair Alcantar called for a motion to continue the public hearing to the October 15, 2018 Planning Commission Meeting.

MOTION: Commissioner Ortega moved the motion to continue item 7C, motion seconded by Commissioner Corvera‐Hernandez which carried with the following roll call vote:

Ayes: Commissioners Becerra, Corvera‐Hernandez, Ortega and Alcantar Noes:

Abstention:

Absent: Chair Fuentes
Motion approved 4‐0

8. BUSINESS SESSION
Vice chair Alcantar called for a motion to approve the following minutes:

Commissioners moved to approve the minutes.

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9. COMMISSION BUSINESS

Follow‐up to vice chair request on cannabis program in other cities.

CD Manager Lopez indicated that he had placed the request with the Public Works Dept. and would follow‐ up with them and report back to the Commission at the next meeting.

PASSED AND APPROVED, this 17thDay of September 2018
____________________
Elizabeth Alcantar,
Vice Chairperson
ATTEST:
____________________
Salvador Lopez,
Interim Community Development Manager

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ATTACHMENT C

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STRATEGIC PLANNING WORKSHOP

FINAL REPORT
Presented to:

Michael Allen, Acting City Manager
Facilitators:

Henry T. Garcia and Jennifer Hernandez
HR Dynamics & Performance Management
City of Cudahy

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2 Executive Summary
Goal Setting Workshop
July 12, 2014
City Council Members In Attendance:

Mayor Chris Garcia
Vice Mayor Cristian Markovich
Councilmember Diane Oliva
Councilmember Baru Sanchez
Staff Attendance:

Henry Garcia, Consultant
Jennifer Hernandez, Acting Human Resources Specialist
Facilitated by:

Henry T. Garcia, Consultant
Jennifer Hernandez, Acting Human Resources Specialist

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3 Executive Summary
The purpose of the workshop was to assist the City of Cudahy’s Mayor, City Council in facilitating a Goal Setting Workshop in order to provide staff with clear direction. To be more specific, the City Council engaged in an interactive process in which they accomplished the following:

1. Established expectations for the Workshop and intended outcomes

2. Identified the organization’s Strengths, Weaknesses, Opportunities and Threats (SWOT)

3. Established five (5) major targets

4. Developed thirty-one (31) goals for the targets

5. Allowed staff to develop and define priorities across the targets.

6. Referred development of the detailed action plans and schedule to the Interim City Manager and Executive Team
At the conclusion of the workshop, the Mayor and City Council established a clear direction and focus for the Executive Team. The Executive Team worked to develop detailed action plans for the identified priority items.

Attached to this summary is a specific work product that lists the goals and action schedule. It should be noted that the attached timeline is intended to be incorporated into the upcoming fiscal 2014/2015 budget where possible.

It is recommended that a regular formal review of the newly established work plan occur within six months, or annually, (whichever the Mayor, City Council and City Manager deems appropriate), in which progress may be determined, and new or shifting priorities addressed.

I would like to thank the Mayor and City Council for the opportunity to assist the City of Cudahy in this important endeavor and for the outstanding team work that provided for a positive and productive day.

Respectfully,
Henry
Henry T. Garcia, Consultant
HR Dynamics & Performance Management

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4 Expectations
The Mayor and City Council expressed the following expectations related to the goal setting workshop:
¾ Establish Goals
¾ Create Synergy
¾ Establish Focus

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5 Strengths, Weaknesses,
Opportunities, Threats
(SWOT Analysis)
Strengths
x Low Cost Programs
x Strong Latino Base
x Community Involvement
x Strong Regional Elected Representatives
x Strong Faith Based Organizations
x Strong Relationship with LAUSD

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6 Strengths, Weaknesses, Opportunities,
Threats
(SWOT Analysis)
Weaknesses
x No balanced budget
x Lack of communication
x No Chamber of Commerce
x No new consistent revenue generators
x Lack of economic development
x Underutilized Commissions
x Old Facilities
x No Business Retention Program
x No Clear Direction for Code Enforcement
x Graffiti Abatement
x Lack of Good Parks
x State Audit
x Customer Service
x Lack of Staff/Organizational Capacity
x No Grant Writer
x Lack of Community Outreach Tools
x Trash Dumping/Community Awareness Programs

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7 Strengths, Weaknesses, Opportunities,
Threats
(SWOT Analysis)
Opportunities
x Create Economic Development Plan
x Create Revenue Plan
x Create Green Space & Recreation
x Grant Writing
x Professional Development for Staff
x Enhance Public Safety
x Re-vamp Neighborhood Watch Program/V.O.P. Program
x Create State of the City address
x Bike Path/Implementation of Bike Path

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8 Strengths, Weaknesses, Opportunities,
Threats
(SWOT Analysis)
Threats
x Losing Businesses
x Regional Business Threats
x Being too Small
x Gangs/Public Safety
x Shrinking Revenue Base
x RDA Audit Issues
x Deteriorating Infrastructure
x No 5 Year Financial Plan

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ATTACHMENT D

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ATTACHMENT E

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ATTACHMENT F

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A-000 COVER SHEET
ARCHITECTURALA-001 SPECIFICATIONSA-002 SPECIFICATIONSA-003 SPECIFICATIONSA-005 SPECIFICATIONSA-006 ADA SHEETSA-007 ADA SHEETSA-008 ADA SHEETSA-009 ADA SHEETS CG-001 CAL GREEN SHEET 1CG-002 CAL GREEN SHEET 2CG-003 CAL GREEN SHEET 3 A-020 SITE PLANA-201 FLOOR PLANA-301 CEILING PLANA-401 ELEVATIONSA-501 BUILDING SECTIONA-521 WALL PARTITIONSA-561 WALL PARTITIONS & DETAILSA-751 ROOM FINISH & DOOR SCHEDULES MECHANICALM1.1 – MECHANICAL DETAILS,SCHEDULES AND SPECIFICATIONSM2.0 – MECHANICAL FLOOR PLANM3.0 – ENERGY COMPLIANCE TITLE 24M3.1 – ENERGY COMPLIANCE TITLE 24M3.2 – ENERGY COMPLIANCE TITLE 24M3.3 – ENERGY COMPLIANCE TITLE 24PLUMBINGP1 – PLUMBING SPECIFICATIONS, SCHEDULES, DETAILS AND CALCS.P2 – PLUMBING FLOOR PLAN AND ISOMETRICS ELECTRICALE0.0 - ELECTRICAL SPECIFICATIONSE0.1 - T24 (INDOOR LIGHTING)E0.2 - T24 (OUTDOOR LIGHTING)E1.0 - ELECTRICAL SITE PLANE1.1 - EXTERIOR PHOTOMETRIC PLANE2.0 - LIGHTING FLOOR PLANE3.0 - POWER FLOOR PLANE4.0 - ONE-LINE DIAGRAME4.1 - PANEL SCHEDULES PROJECT: AQUA LAB GROW FACILITYPROJECT ADDRESS: 8210 ATLANTIC AVENUE CUDAHY CA 90201
APN: 6224-023-020
ZONING: COMMERCIAL/INDUSTRIAL
SITE AREA: 35,140 S.F (GROSS)
BUILDING AREA: 2,626 S.F
BUILDING DATA:

ACTUAL BUILDING HEIGHT; 1 STORY 24'
OCCUPANCY:

EXISTING F-1/ BPROPOSED B
CONSTRUCTION TYPE: TYPE V-B
ACTUAL BUILDING AREA: 2,626 S.F.

TOTAL 2,626 S.F.

ALLOWABLE AREA
9,000 S.F. PER CBC 2013 TABLE 503.

BUILDING AREA ANALYSIS:

OCCUPANCY LOADING PER CBC 2013 TABLE 1004.1.12 MAXIMUM FLOOR AREA

ALLOWANCES PER OCCUPANT
MANUFACTURING/PRODUCTION: 2626 S.F./200 14 OCC.

TOTAL: 14 OCC,

EXIT REQUIREMENTS
REQUIRED: 1 EXITSPROVIDED: 2 EXITS
COMMON PATH OF TRAVEL LESS THAN 100'.

EXIT WIDTH (CBC TABLE 1005.1) (MAX. OCCUPANT LOAD) X .15 = REQ'D WIDTH REQUIRED: (14) X .15 = 1.96"PROVIDED: 72"

AGRICULTURE
RESTROOM REQUIREMENTS:REQUIREMENTS FOR H-1: 1 RESTROOM PER 100 EMPLOYEES 14 EMPLOYEES = 1 RESTROOM
RESTROOMS REQUIRED: 1RESTROOMS PROVIDED: 2MOP SINK 1 REQ. 1 PROVIDED PARKING REQUIREMENTS:EXISTING PARKING PROVIDED: 16 SPACESPARKING REQUIRED: 14 SPACES + 1 ADA CONSTRUCTION CODES:

ALL CONSTRUCTION SHALL COMPLY WITH THE FOLLOWING 2013 CODESAND AMENDMENTS PER THEIR ADOPTING ORDINANCES. 2013 California Administrative Code (CAC)2013 California Building Code (CBC)2013 California Electrical Code (CEC)2013 California Mechanical Code (CMC)2013 California Plumbing Code (CPC)2013 California Energy Code (CEEC)2013 California Existing Building Code (CEBC)2013 California Green Building Standards Code (CALGreen)2013 Energy Efficient Standards Code

NOTICE ABOUT THE DRAWINGS AND INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS.

THE DRAWINGS AND INFORMATION CONTAINED IN THIS SET OF

CONSTRUCTION DOCUMENTS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF PATHANGAY ARCHITECTS, NAVIN PATHANGAY. THE

OWNERSHIP OF THESE CONSTRUCTION DOCUMENTS AND ALL INFORMATIONCONTAINED WITHIN, IS THAT OF PATHANGAY ARCHITECTS, NAVIN

PATHANGAY, UNLESS SPECIFIED IN WRITING PREVIOUS TO THE
COMMENCEMENT OF THE PRODUCTION DRAWINGS. ALL INFORMATION

WITHIN THESE CONSTRUCTION DOCUMENTS IS FOR THE SPECIFIED

PROJECT AND SHALL NOT BE USED OTHERWISE WITHOUT THE EXPRESS WRITTEN PERMISSION OF PATHANGAY ARCHITECTS.

ORIGINAL PRINTS OF THIS SET OF CONSTRUCTION DOCUMENTS ARE ON FILE AT A LOCATION SPECIFIED BY PATHANGAY ARCHITECTS AND SHALLREMAIN THERE FOR THE DURATION OF THE SPECIFIED PROJECT. THE

ORIGINAL PRINTS AND THE ELECTRONIC FILES CONTAINING THESE PRINTS ARE THE SOLE PROPERTY OF PATHANGAY ARCHITECTS. SECOND PARTY

USAGE IS PROHIBITED WITHOUT PRIOR EXPRESS WRITTEN CONSENT OF

PATHANGAY ARCHITECTS AND THE PARTY SPECIFIED ON THE TITLE BLOCK OF THIS SET OF CONSTRUCTION DOCUMENTS.

ALL DETAILS, SYMBOLS AND NOTATIONS ARE THE PROPERTY OF

PATHANGAY ARCHITECTS AND SHALL NOT BE REPRODUCED IN ANY MATTER EXCEPT FOR THAT OF THE SPECIFIED PROJECT. WRITTEN DIMENSIONS ARE TO TAKE PRECEDENCE OVER ALL SCALED DIMENSIONS. THE CONTRACTOR

SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS ANDSPECIFICATIONS AND CONDITIONS OF THE JOB AND SHALL NOTIFY

PATHANGAY ARCHITECTS OF ANY VARIATIONS FROM THE DIMENSIONS,

SPECIFICATIONS AND CONDITIONS SHOWN BY THESE CONSTRUCTION DOCUMENTS.

THE USE OF CHANGE ORDERS IS A BASIC ELEMENT OF THE DESIGN AND CONSTRUCTION PROCESS. WHILE EVER CLIENT AND DESIGN

PROFESSIONAL WANTS PLANS AND SPECIFICATIONS TO BE CAREFULLY COORDINATED AND UNAMBIGUOUS. IT IS NOT COST-EFFECTIVE FOR ACLIENT TO PAY A DESIGN PROFESSIONAL FOR THE LEVEL OF SERVICE NECESSARY TO ACHIEVE A 'PERFECT' SET OF INSTRUMENTS OF SERVICE.NO MATTER HOW EXTENSIVE DESIGN SERVICES MAY BE, CERTAIN ASPECTS

OF THE DESIGN WILL REQUIRE MODIFICATIONS TO REFELCT CONDITIONS AT THE CONSTRUCTION SITE. REASONABLE PRACTIVE INVOLVES A CERTAIN

LEVEL OF FLEXIBILITY IN THE DEVELOPMENT OF A PROJECT AS IT MOVES

FROM DESIGN THROUGH THE CONSTRUCTION PROCESS SO THAT CHANGE WILL IMPROVE THE OUTCOME. AMBIGUITIES OR DISCREPANCIES SHOULD BE

IMMEDIATELY CALLED TO THE ATTENION OF PATHANGAY ARCHITECTS PRIOR TO PLACEMENT OF MATERIALS. PATHANGAY ARCHITECTS ASSUMES NO

RESPONSIBILITY FOR WORK IN PLACE OF DEVIATION FROM THE
INFORMATION AND INTENT OF THESE DRAWINGS.

1. ALL DIMENSIONS ARE TO THE FACE OF C.M.U WALL AND METAL STUDS. (TYPICAL - UNLESS NOTED OTHERWISE)

2. WINDOWS, EXTERIOR DOORS, AND GLAZING ARE NOTATED ON
PLANS AS NEW OR EXISTING.

3. ALL GYPSUM BOARD SHALL BE 5/8" THICK UNLESS NOTED
OTHERWISE.

4. ALL GLAZING SHALL COMPLY WITH CHAPTER 24 OF THE
CALIFORNIA BUILDING CODE. (2013 EDITION)

6. AT ALL WATER HEATER LOCATIONS - PROVIDE PRESSURE
RELIEF LINE TO THE EXTERIOR @ 6" - 24" ABOVE FINISH
GRADE IN THE DOWN POSITION.

7. PROVIDE COMBUSTION AIR AS REQUIRED AT ALL GAS

APPLIANCE LOCATIONS PER THE CALIFORNIA MECHANICAL
CODE. (2013 EDITION)

8. ALL BUILDING INSULATION SHALL COMPLY WITH CHAPTER 7 OF THE 2013 C.B.C AND SHALL HAVE A FLAME SPREAD RATING
NOT TO EXCEED 25, AND A SMOKE DENSITY NOT TO EXCEED
450, WHEN TESTED IN ACCORDANCE WITH ASTM E84.

9. PROVIDE NOTE ON FINAL DOCUMENTS: SIGNS REQUIRED
SEPARATE APPROVAL AND PERMITS.

10. ALL RIGHTS-OF-WAY ADJACENT TO THIS PROPERTY SHALL BE LANDSCAPED AND MAINTAINED BY THE PROPERTY OWNER.

11. ALL EQUIPMENT, UTILITIES, OR OTHER APPURTENANCES

ATTACHED TO THE BUILDING SHALL BE AN INTEGRAL PART OF
THE BUILDING DESIGN IN TERMS OF FORMS, COLOR ANDTEXTURE.

12. ALL ROOF TOP MECHANICAL EQUIPMENT SHALL BE

COMPLETELY SCREENED BY PARAPET WALLS OR WITHIN
ROOF STRUCTURE.

13. ROOF MOUNTED COMMUNICATION EQUIPMENT, INCLUDING

SATELLITE DISHES, SHALL BE COMPLETELY SCREENED BY

THE PARAPET WALLS OR FREE STANDING SCREEN WALL
SUBJECT TO PROJECT REVIEW APPROVAL.

14. ALL GROUND MOUNTED EQUIPMENT SHALL BE SCREENED BY
SCREEN WALL TO THE HEIGHT OF THE TALLEST UNIT PLUS 1'-0"

WITH ARCHITECTURAL COLORS AND MATERIALS TO MATCH
BUILDING.

GENERAL NOTES PROJECT TEAM

DRAWING INDEX

PROJECT STATISTICS

VICINITY MAP

NOT TO SCALE

PROJECT DESCRIPTION

PROJECT DESCRIPTION MARIJUANA PROCESSING FACILITY
THIS PROJECT IS 2626 SQFT INTERIOR REMODEL OF AN EXISTING WAREHOUSE

PERMITTED FOR A EXTRACTION AND PROCESSING OF MMJ
240 SQFT OF THIS FACILITY SHALL BE USED AS EXTRACTION AND PROCESS

WILL HAVE NEW INTERIOR WALLS THAT ARE BEING ADDED WITH, ELECTRICAL, MECHANICAL AND PLUMBING.

THE WALLS FOR THE GROW FACILITY WILL BE STEEL STUDS WITH CEILING TO ENCLOSE

WITH DRYWALL CEILINGS

TEMPORARY MANUFACTURING LICENSE
LICENSE NUMBER: CDPH-TOOOOO555LICENSE TYPE: M-TYPE 7: VOLATILE SOLVENT EXTRACTION

1. PREMISES IDENTIFICATION TO BE LEGIBLE FROM STREET OR DRIVE AND MUST BE ON ALL PLANS.

2. FIRE LANES AND EMERGENCY ACCESS SHALL BE PROVIDED AND

MARKED IN COMPLIANCE WITH COUNTY ORDINANCE AND IFC AT THE FOLLOWING LOCATIONS: PAVE THE DRIVEWAY TO THE FIRE
DEPARTMENT TURN-A-ROUND. GATES SHALL BE A MINIMUM 20' WIDE CLEAR.

3. PROVIDE KNOX BOX ACCESS.
.

4. PROVIDE ALL WEATHER ACCESS ROAD (MIN. 20') TO ALL BUILDINGS AND HYDRANTS FROM PUBLIC WAY DURING CONSTRUCTION.

NUMBER OF REQUIRED FIRE HYDRANTS: THE DEVELOPER SHALL HAVE THE REQUIRED FIRE HYDRANTS INSTALLED AND OPERABLE PRIOR TOTHE FOOTING INSPECTION. DEVELOPER TO PROVIDE WAIVER OF FIRE

DEPARTMENT RESPONSIBILITY OR COPY OF CURRENT CITY APPROVAL

CIVIL WATER PLANS TO FIRE SPRINKLER CONTRACTOR FOR LOCATING NEW AND/OR EXISTING HYDRANT WATER MAIN SUPPLY DATA. SPACEDMAX O.C. 700' AT 1,500 GPM.

5. PORTABLE FIRE EXTINGUISHERS SHALL BE INSTALLED.

6. EXIT AND EMERGENCY LIGHTING SHALL COMPLY WITH THE COUNTY ORDINANCE AND IBC.

ADDITIONAL GENERAL NOTES FIRE ORDINACE REQUIREMENTS

A Q U A L A B

COMMERCIAL CANNABIS MANUFACTURING F A C I L I T Y
OWNER:

AQUA TERGERE, LLC

DBA CALI SPLASH
2355 WESTWOOD BLVD. SUITE 534TEL: (818) 613 1160
CONTACT: [email protected]
CONTACT/ CONTRACTOR:

OWNER CONTRACTOR
ARCHITECT:

PATHANGAY ARCHITECTS
727 E BETHANY HOME RDSUITE D225
PHOENIX, AZ 85014
TEL: (602) 481 5151
CONTACT: NAVIN PATHANGAY

ELECTRICAL

ARDEBILI BORUM CONSULTING ENGINEERS
TEL: (602) 997 6800

MECHANICAL AND PLUMBINGMG ENGINEERING LLC
CONTACT: MIROSLAV GRBIC
TEL: (602) 758 6088

FIRE GENERAL NOTES

1. WHERE ACCESS TO OR WITHIN A STRUCTURE OR AREA IS RESTRICTED

A KEYBOX SHALL BE INSTALLED IN AN APPROVED LOCATION/S OR EXISTING KEY BOXES, UPDATED KEYS SHALL BE PROVIDED (CFC 506.1)

2. AN 8 12"X11 MAP DISPLAYING A GENERAL FLOOR PLAN OF THE FACILITY

INCLUDING USE OF EACH ROOMS, FURNISHINGS LAYOUT, HAZARDOUS

MATERIAL STORAGE LOCATIONS ETC SHALL BE POSTED NEAR THE MAIN ENTRANCE IN CLEAR PROTECTIVE COVER TO BE PROVIDED AT FINAL.

3. A MINIMUM OF ONE 2A 10-B:C SHALL BE PROVIDED ON EACH

FLOOR LEVEL, CONSPICUOUSLY LOCATED, ALONG NORMAL PATHS OF TRAVEL AND WITHIN 75 FEET TRAVEL DISTANCE. (CCR, TITLE 19, DIVISION 1, SECTION 567 (A) THROUGH (K)) (CFC 906.3)

4. AN APPROVED MANUAL FIRE ALARM SYSTEM SHALL BE INSTALLED IN

ALL DISPENSARIES, CULTIVATION, MANUFACTURING AND TESTING FACILITIES IN ACCORDANCE WITH THE PROVISIONS NFPA 72 TO

PROVIDE OCCUPANT NOTIFICATION THROUGHOUT THE FACILITY

INCLUDING OTHER REQUIREMENTS S PROVIDED BY ANOTHER SECTION OF THE CFC.

5. SUBMIT AN EXIT ANALYSIS PLAN THAT LABELS AND CLEARLY

SHOWS COMPLIANCE WITH ALL REQUIRED EGRESS FEATURES SUCH

AS, BUT NOT LIMITED TO, COMMON PATH OF TRAVEL, REQUIRED

NUMBER OF EXITS, OCCUPANT LOAD, REQUIRED WIDTH, CONTINUITY, TRAVEL DISTANCE, ETC. (CBC 1001.1)

6. A MINIMUM OF ONE 2A 10-B:C FIRE EXTINGUISHER SHALL BE PROVIDED FOR EVERY 75 FEET OF TRAVEL DISTANCE

7. COMBUSTIBLE DEBRIS SHALL NOT BE ACCUMULATED WITH THE BUILDINGS. COMBUSTIBLE DEBRIS, RUBBISH AND WASTE MATERIAL

SHALL BE REMOVED FROM BUILDING AT THE END OF EACH SHIFT OF WORK

8. LABELING . DOORS INTO ELECTRICAL CONTROL PANEL ROOMS SHALL BE

MARKED WITH A PLAINLY VISIBLE AND LEGIBLE SIGN STATING
ELECTRICAL ROOM OR SIMILAR APPROVED WORDING.

AQUA TERGERE

PATHANGAY ARCHITECTS, LLC
KEY:

DRAWN BY: REVIEWED BY:
7/30/2018 2018-19
SHEET TITLE:SHEET NUMBER:

DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
A000

COVER SHEET

RM/DG NP
CITY COMMENTS07/30/2018 1
1 1
25

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GENERAL NOTES

1. ALL SOIL UNDER FOOTINGS AND SLABS ON GRADE SHALL BE TREATED WITH TERMITE

POISON PRIOR TO POURING CONCRETE

2. ALL GYPSUM BOARD SHALL BE 5/8" THICK UNLESS NOTED OTHERWISE.

3. AT ALL WATER HEATER LOCATIONS - PROVIDE PRESSURE RELIEF LINE TO THE EXTERIOR @ 6" - 24" ABOVE FINISH GRADE IN THE DOWN POSITION.

4. PROVIDE COMBUSTION AIR AS REQUIRED AT ALL GAS APPLIANCE LOCATIONS PER THE INTERNATIONAL MECHANICAL CODE.

5. ALL BUILDING INSULATION SHALL COMPLY WITH SECTION 718 OF THE 2006 I.B.C AND SHALL HAVE A FLAME SPREAD RATING NOT TO EXCEED 25, AND A SMOLE DENSITY NOT TO EXCEED 450, WEN TESTED IN ACCORDANCE WITH ASTM E84.

6. SIGNAGE UNDER SEPARATE APPROVAL AND PERMITS.

7. NOT ALL KEYNOTES REFER TO ITEMS ON THIS SHEET.8. WHERE DIMENSIONAL OR DETAIL DISCREPANCIES EXIST BETWEEN THE CEILING PLANS,

THE FLOOR PLANS, SECTIONS AND DETAILS, THESE DISCREPANCIES SHALL BE

BROUGHT TO THE ATTENTION OF THE ARCHITECT BEFORE PROCEEDING WITH THE WORK.

9. ALIGN ALL LIGHT FIXTURES, SPEAKERS, SMOKE DETECTORS, SPRINKLER HEADS AND OTHER DEVICES AS INDICATED ON THE REFLECTED CEILING PLANS (TYP U.N.O.).

VERIFY PLACEMENT W/ ARCHITECT FOR DEVICES AND FIXTURES NOT SHOWN.

10. FURNITURE IS N.I.C. AND IS SHOWN FOR LOCATION ONLY.11. CONTRACTOR SHALL ADD EMERGENCY AND EXIT SIGNS THROUGH THE BUILDING AS

DETERMINED BY THE CITY OF BALDWIN PARK INSPECTORS DURING FIELD INSPECTIONS.

12. COORDINATE WITH MPE FOR LIGHTING FIXTURES, DUCTS AND ALL MPE ACCESSORIES.

NOTIFY ARCHITECT OF ANY DISCREPANCIES.

13. INSTALL FIRE EXTINGUISHERS IN ACCORDANCE TO NFPA-10. PLEASE NOTE THAT MAXIMUM DISTANCE TRAVELED TO A FIRE EXTINGUISHER SHALL BE 75 FEET.

14. DRYWALL TO BE LEVEL 5 FINISH THROUGHOUT.

WALL TYPES

METAL STUD SPACING SCHEDULE

WALL HEIGHT STUD SPEC STUD SPACING
0'-0" TO 10'-0" 362S162-18 (25 GA) 1'-4" O.C
10'-0" TO 12'-5" 362S162-33 (20 GA) 2'-0" O.C12'-5" TO 13'-6" 362S162-33 (20 GA) 1'-4" O.C 13'-6" TO 15'-8" 362S162-33 (20 GA) 1'-0" O.C
15'-8" TO 16'-11" 362S162-43 (18 GA) 1'-0" O.C16'-11" TO 19'-8" 362S162-54 (16 GA) 1'-0" O.C 19'-8" TO 26'-7" 600S162-54 (16 GA) 1'-0" O.C

FOLLOW METAL STUD SCHEDULE OR MANUFACTURERSRECOMENDED SCHEDULE NEW FULL HEIGHT INTERIOR PARTITION 2x6" STEEL STUD
WALL SEE DETAIL 2/ A521
NEW 2X6" FULL HEIGHT STEEL STUD 1 HOUR RATED
FIRE BARRIER SEE DETAIL 7/ A521 PROVIDE

MARKING ON WALLS

SEE STUD SPACING TABLE BELOW OR PER
MANUFACTURERS RECOMENDATIONS.

EXISTING EXTERIOR WALL TO BE FURRED SEE DETAIL
1/A521

MODULAR WALL PER MODULAR MANUFACTURER
POST

PROCESS RM
006

PACKAGING
& LABELING
012

PRE POST

PROCESS RM
007

STORAGE &

TRANSFER
009
MOP
CLOSET
008
VAULT
010
I.T.
011

EXISTING

RESTROOM
003

EXISTING

RESTROOM
002

HALLWAY
001

HALLWAY
001
002-A
003-A
006-A
006-B
007-A
008-A
010-A
009-A
009-B
011-A
012-A
012-B
001-A
012-C

HALLWAY
005

FLEX MOD
C1D1 ROOM
004
19'-7" 20'-0"
17'-10" 24'-5" 5'-3" 9'-9" 10'-3"
13'-9"
5'-7" 26'-3" 4'-11" 9'-2" 13'-7" 8'-10" 5'-9"
5'-7"
4'-9"
7'-0"
5'-2" 10'-1"
20'-0"
12'-0"
71'-8"
71'-8"
57'-3 1/2"
ENTRY
(EMERGENCY
EXIT)
(EMERGENCY
EXIT)
BUILDING AREA ANALYSISOCCUPANCY LOADING PER CBC 2013 TABLE 1004.1.12 MAXIMUM FLOOR AREA

ALLOWANCES PER OCCUPANT
MANUFACTURING/PRODUCTION: 2626 S.F./200 14 OCC.

TOTAL: 14 OCC,

EXIT REQUIREMENTS
REQUIRED: 1 EXITSPROVIDED: 2 EXITS
COMMON PATH OF TRAVEL LESS THAN 100'.

EXIT WIDTH (CBC TABLE 1005.1) (MAX. OCCUPANT LOAD) X .15 = REQ'D WIDTH REQUIRED: (14) X .15 = 1.96"PROVIDED: 72"
004-A
009-C

EGRESS PATH

EGRESS PATH
NORTH
1/4" = 1'-0"

FLOOR PLAN
8 12
6 4
2 0
1 A501
350 SQFT
230 SQFT
74 SQFT
475 SQFT
368 SQFT
208 SQFT

AQUA TERGERE

PATHANGAY ARCHITECTS, LLC
KEY:

DRAWN BY: REVIEWED BY:
7/30/2018 2018-19
SHEET TITLE:SHEET NUMBER:DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
A201

FLOORPLAN
CITY COMMENTS07/30/2018 1
1 1
1 1
1 1
25

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