FROM:
Planning Department
TITLE:
Title
Resolution No. PC 2024-____: A Resolution of the Planning Commission of the City of Fontana, California, Recommending, Pursuant to an Exemption from the California Environmental Quality Act, that the City Council Approve a Development Agreement with HS Fontana Retail, LLC, concerning a retail cannabis business and Direct Staff to File a Notice of Exemption.
End
RECOMMENDATION:
Based on the information in the staff report and subject to the findings, conclusions, and information in the staff report, resolution and presented in the public hearing, staff recommends that the Planning Commission adopt Resolution No. PC 2024-____; and recommend that the City Council:
1. Find, after review of the whole of the Project, including this Development Agreement, that the project is EXEMPT from the California Environmental Quality Act (“CEQA”), pursuant to State CEQA Guidelines Section 15301 (Existing Facilities) and direct staff to file a Notice of Exemption; and
2. Approve a Development Agreement with HS Fontana Retail, LLC, based upon the findings in the staff report and resolution, pending final adoption of the Development Agreement ordinance by the City Council and an Operating Agreement with HS Fontana Retail, LLC.
APPLICANT:
HS Fontana Retail, LLC
2151 E. Convention Center Way, Suite 235
Ontario, CA 91764
LOCATION:
The project site is located at 11275 Sierra Avenue, Suite 3-E (APN 0194-381-46)
REQUEST:
A request that the Planning Commission make a recommendation, pursuant to an exemption under CEQA, that the City Council approve the Development Agreement with HS Fontana Retail, LLC, concerning a retail cannabis business.
PROJECT PLANNER:
Mai Thao, Assistant Planner
BACKGROUND INFORMATION:
Pursuant to state law, the City adopted regulations in Chapter 33 of the Fontana Municipal Code (“FMC”) to allow a maximum of three (3) cannabis retail establishments that would be permitted to operate within the city’s jurisdiction, one each in three designated areas (i.e. North, Central and South).
The City received an application from HS Fontana Retail, LLC, (the “Applicant”) on May 3, 2023, for a Retail Commercial Cannabis Business Activity Permit (“Permit”) for the South area of the City pursuant to FMC Chapter 33 for the rights and entitlements to develop and operate a commercial cannabis retail sales business at the Project Site. On May 2, 2023, the City issued a Cannabis Zoning Verification Letter that provided that the property located at 11275 Sierra Avenue, Suite 3-E had a zoning designation of General Commercial (C-2) and that allowed consideration of a cannabis retailer use. Applicant’s application was evaluated and determined to be the top-ranking applicant in the South Area of the City to receive a retail cannabis permit. The Applicant was notified on September 19, 2023 of its top ranking and selection/approval of the Permit and per FMC Section 33-9, would have 60 days to submit sufficient evidence of its right to use and occupy the property that was described in the application. Therefore, the September 19, 2023 is considered the date when the use was established. On January 24, 2024, received an application for a Development Agreement with the Applicant (collectively the “Project”) to establish timing parameters and to provide certain fees and other public benefits in conjunction with the cannabis operations.
The project site is located within the General Plan Land Use Designation General Commercial (C-G) and zoned with General Commercial (C-2).
PROJECT DESCRIPTION:
Development Agreement with HS Fontana Retail, LLC, which has a term of 3 years, with 2 year extension periods, will provide for timing parameters and community benefits in the form of the payment of a percentage of gross receipts, payment of retail fees to the City and benefits to the local residents of the City by supporting local nonprofit organizations and providing opportunities for local jobs and work.
ANALYSIS:
The Applicant, HS Fontana Retail, LLC, has previously been issued a Cannabis Operating Permit that allows for the right to operate a commercial cannabis business at the Project site, and approximately 4,475 square feet commercial building suite area that is a part of an existing commercial shopping center (Sierra Crossroads). The Applicant is now, as required by City ordinance, requesting approval of this Development Agreement to establish timing parameters and community benefits associated with the business operations. Additionally, Applicant will make minor tenant improvements to the existing building suite and open a Commercial Cannabis Activity facility business on the Site consistent with State Cannabis Law, all other applicable California law, and the project approvals.
The Planning Commission is asked to review and render a recommendation regarding this Development Agreement by reviewing for consistency with the objectives, policies, general land uses and programs specified in the general plan. The information, findings and conclusions provided in this staff report, the Project documents and upon the information presented in the public hearing will form the basis and reasons for the Planning Commission rendering its recommendation to the City.
The Development Agreement is in conformity with the public necessity, public convenience, general welfare, and good land use practices; will not be detrimental to the health, safety and general welfare of the city; will not adversely affect the orderly development of property or the preservation of property values; and will have a positive fiscal impact on the City. The provisions of the Development Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in City’s General Plan, zoning code and municipal ordinances.
The Applicant has demonstrated to City staff, by its application documentation, that it is qualified to operate a Commercial Cannabis business and has pledged in this Development Agreement that it will operate its business in accordance with state and local law and in a responsible manner to contribute positively to the community and the local economy.
The key terms of the Development Agreement are as follows:
1. Initial Term is three (3) years and, at the sole discretion of the City, two (2) year extension periods may be granted;
2. Applicant shall pay to City retail and public benefit fees, a percentage of gross receipts of its commercial cannabis business;
3. City will grant a vested right and entitlement to Applicant to develop and operate the Project for the Term of the Development Agreement, subject to all applicable laws, regulations, conditions and permits, including but not limited to, the terms of the Commercial Cannabis Regulatory Permit, the requirements of Chapter 33 of the Fontana Municipal Code governing cannabis businesses and activities, the Development Agreement and Operating Agreement.
4. City covenants to expeditiously process all applications for permits submitted by Applicant.
5. Applicant and City shall enter into an Operating Agreement with additional terms and conditions for the implementation, development, operation and maintenance of the Project, including but not limited to, strict oversight, measures and management of the commercial cannabis business to ensure safety and welfare of the residents of the City and Applicant shall use reasonable efforts and give priority to hiring local Fontana residents to fill open jobs and to engage qualified local contractors to perform work on the Project.
Public notice of its intention to adopt this Resolution and to provide a recommendation that the City Council approve and execute the Development Agreement with the Applicant has been given and has conducted public hearings thereon pursuant to California Government Code section 65867 and Municipal Code Section 30-322.
The terms and conditions of the Development Agreement have undergone extensive review by City staff and have been found to be fair, just and reasonable. The pursuit of the Project will best serve the interests of its citizens and the public health, safety, and welfare by entering into this Development Agreement. By conducting this public hearing and the Planning Commission rendering a recommendation to the City Council will satisfy the required findings in Municipal Code Section 30-322 and pursuant to Section 4 of Fontana Resolution No. 85-217.
Providing a recommendation to the City Council to approve and execute the Development Agreement with the Applicant will further implement the Council’s following Goals:
• To promote economic development by concentrating on job creation.
• To promote economic development by pursuing business retention, expansion and attraction.
• To promote economic development by striving to constantly improve the city's competitiveness.
Environmental:
The whole of the Project, including the Development Agreement, has been reviewed and found to be exempt from the California Environmental Quality Act (“CEQA”) per State CEQA Guidelines Section 15301, Existing Facilities, as the cannabis retail use will be located within an existing commercial facility with no proposed expansion to the building and only making minor interior improvements.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
1. Vicinity Map
2. Resolution and Exhibit
3. Notice of Exemption
4. Public Hearing Notice