1 RESOLUTION 2024-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PATTERSON
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE TO APPROVE
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
2 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
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, City staff recommends that the Planning Commission make the following findings for recommendation of the Restated Development Agreement:
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. 3 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, BE IT RESOLVED by the Planning Commission of the City of Patterson, after due deliberation and based on its independent review and analysis, the staff analysis, and oral and written testimony presented at the public hearing, that the Planning Commission hereby concurs with the findings as stated in the above Recitals and the Staff Report, and recommends to the City Council adoption of the attached Ordinance approving and authorizing execution of the Restated Development Agreement.
Passed and adopted at a regular meeting of the Planning Commission of the City of Patterson held on the ____ day of _________, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
EXCUSED:
APPROVED:
______________________________
Ron West, Chairperson
City of Patterson Planning Commission
ATTEST:
__________________________________
Denise Melo, Secretary
City of Patterson Planning Commission
4 EXHIBIT A
City Council Ordinance