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ORDINANCE NO. 877
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON
APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR THE “CALI KOSHER” CANNABIS DISPENSARY LOCATED AT 520 PARK CENTER DRIVE
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the California Legislature adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property; and WHEREAS, pursuant to Chapter 6.56 of the Patterson Municipal Code, all cannabis businesses operating in the City are required to enter into a development agreement with the City; and
WHEREAS, Darron Silva is the owner of the property located at 520 Park Center Drive, Patterson, CA 95363 (APN 021-088-016) (the “Property”); and WHEREAS, “Cali Kosher” is a cannabis dispensary conducting business at the Property (the “Project”); and
WHEREAS, on December 5, 2017, Darron Silva and JDI Farms (a non-profit mutual benefit corporation) first entered into a Development Agreement establishing certain terms for development and operation of the Project (pursuant to Ordinance No. 810 adopted on December 5, 2017), and as later amended by that First Amendment to the Development Agreement dated December 4, 2018 (pursuant to Ordinance No. 832 adopted on December 4, 2018); and WHEREAS, on May 10, 2018, the City’s Planning Commission approved Conditional Use Permit #17-20 and Architectural & Site Plan Review #17-05 for the Project (Planning Commission Resolution No. 2018-06); and
WHEREAS, Green Catalyst Enterprises (a California corporation), as the successor to JDI Farms, is now the tenant at the Property and the operator of the Project. Darron Silva and Green Catalyst Enterprises may collectively be referred to herein as “Developer”; and WHEREAS, the City and the Developer desire to make certain updates and amendments to the Development Agreement (“Restated Development Agreement”), as provided in Exhibit A attached and incorporated hereto; and
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WHEREAS, on August 22, 2024, the Planning Commission reviewed the proposed Restated Development Agreement and provided its recommendations to the City Council; and WHEREAS, no development is proposed in conjunction with this Restated Development Agreement. Approval of the Restated Development Agreement is not considered a project pursuant to the California Environmental Quality Act (“CEQA”), and this action would further be exempt from CEQA under the Existing Facilities exemption (CEQA Guidelines, § 15301); and WHEREAS, the City Council, based on its independent review and analysis of City staff’s recommendations, oral and written testimony, and the record as a whole, finds after due study, deliberation, and public hearing, and based on its independent judgment, that the following circumstances exist:
1. The Restated Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City’s General Plan. The Restated Development Agreement allows for development and operation of the Project consistent with the existing General Plan designation and policies (Light Industrial).
2. The Restated Development Agreement is consistent with the zoning for the Property.
The Restated Development Agreement would allow for development and operation of the Project consistent with current zoning district applied to the Property (West Patterson Light Industrial).
3. The Restated Development Agreement will provide for the orderly development of the Property; will preserve surrounding property values; conforms to the public convenience and good land use practices; will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor detrimental to the general welfare of the residents of the City as a whole; and will be compatible with surrounding land uses.
4. The Restated Development Agreement provides sufficient benefit to the City to justify entering into the Restated Development Agreement, which includes receipt of City fees and infrastructure and public benefit contributions from the Developer.
5. The Restated Development Agreement contains an adequate legal description of the Property and is in all other respects consistent with the provisions of Government Code sections 65864 through 65869.5 (the Development Agreement Statute).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON ORDAINS AS FOLLOWS:
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SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing Recitals, which are incorporated herein by reference and made part of this Ordinance, are true and correct.
SECTION 2. Annual Review. The City Manager or his or her designee shall review the Restated Development Agreement for compliance with its terms and conditions not less than once every twelve (12) months from the effective date of the Restated Development Agreement.
SECTION 3. Approval of Restated Development Agreement. The City Council hereby approves and authorizes the City Manager to execute the Restated Development Agreement attached and incorporated hereto as Exhibit A, subject to final revisions as required and approved by the City Attorney. Upon execution, the City Clerk shall cause the Restated Development Agreement to be recorded in the Official Records of Stanislaus County promptly after this Ordinance is legally effective (thirty (30) days after the second reading of this Ordinance).
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after its passage by the City Council and following the affirmative vote of a majority of the members of the City Council. Within fifteen (15) days of its adoption, a summary of the Ordinance shall be published in a newspaper of general circulation in the City of Patterson, State of California, which summary shall include the names of those Councilmembers voting for and against the Ordinance.
A certified copy of the full text of such adopted Ordinance shall be on file in the office of the City Clerk.
This Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Patterson held on the ____, day of ___________, 202___, and adopted at a regular meeting of the City Council of the City of Patterson held on the ____, day of ______________, 202___, by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
_____________________________
Michael Clauzel
Mayor of the City Patterson
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ATTEST:
_____________________________
Aracely Alegre
City Clerk of the City of Patterson
5 EXHIBIT A
Amended and Restated Development Agreement