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Home My Public Portal AboutOrd. 1699ORDINANCE NO. 1699 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING DEVELOPMENT AGREEMENTS FOR THE OPERATION OF COMMERCIAL CANNABIS CULTIVATION AND MANUFACTURING FACILITIES WHEREAS, Section 65865 of the State of California Government Code provides that cities may enter into a development agreement with any person having a legal or equitable interest in real properties for the development of properties; and WHEREAS, Section 65867.5 of the State of California Government Code provides that the development agreements shall be approved by ordinance; and WHEREAS, Chapter 4, title 34, Section 5 of the City of Lynwood Municipal Code provides that the development agreements may be entered into as a condition of issuance by the City of regulatory permit(s) for commercial cannabis cultivation and/or manufacturing facilities; and WHEREAS, the City of Lynwood has received regulatory permit applications from the entities listed below for commercial cannabis cultivation and manufacturing facilities for properties located as listed below; and JB Los Angeles Farmers Lacturnus Research Assoc. Pure CA (Moxie) RD Lynwood South Cali Med Norton Avenue Ventures Premium Produce 2851 Lynwood Rd. 11010/20 Santa Fe Ave. 2990 MLK Blvd. 11510 Alameda Ave. 2827 MLK. Blvd. 2830 Norton Ave. 11108 Wright Rd. WHEREAS, it is the desire of the City Council to approve issuance of regulatory permits for these entities for commercial cannabis cultivation and manufacturing and to enter into development agreements with each entity and/or the owner(s) of said properties for the establishment and operation of such facilities; and WHEREAS, the City of Lynwood has received regulatory permit applications from the entities listed below for commercial cannabis manufacturing facilities for properties located as listed below; and BECC Holdings 2851 Lynwood Rd. Natural Plant Extracts 11116 Wright Rd. WHEREAS, it is the desire of the City Council to approve issuance of regulatory permits for these entities for commercial cannabis manufacturing and to enter into development agreements with each entity and/or the owner(s) of said properties for the establishment and operation of such facilities; and WHEREAS, the City of Lynwood has received a regulatory permit application for NMC for a commercial cannabis cultivation facility for property located at 10810 Alameda St.; and WHEREAS, it is the desire of the of Lynwood City Council to approve issuance of a regulatory permit for NMC for a commercial cannabis cultivation facility and to enter into a development agreement with NMC and/or the owner of said property for the establishment and operation of such facility; and WHEREAS, the proposed development was head, reviewed, and discussed by the Lynwood Planning Commission, which adopted a resolution recommending that the City Council approve this ordinance; and WHEREAS, the City Council has considered all written and verbal evidence regarding the proposed development agreements and has made the following findings: 1. FINDING: That the development agreements are consistent with the general plan objectives, policies, land uses, and implementation programs and any other applicable specific plans. a. The proposed commercial cannabis cultivation and manufacturing facilities are allowed uses in the Manufacturing (M) zoning district. b. The proposed projects comply with all commercial development standards for the Manufacturing (M) zoning district set forth in Chapter 25, Article 10 and Article 30 of the zoning code, including but not limited to requirements for minimum lot area, maximum lot coverage, buildings setbacks, buildings height limits, landscaping, resource efficiency, lighting, parking performance standards, and signage. c. The General Pan encourages infill and intensification of land uses through the reuse or redevelopment of vacant or underutilized industrial, commercial, and residential sites. It also encourages the redevelopment and reuse of vacant and/or underutilized commercial buildings. The proposed projects utilize manufacturing zoned properties that are either vacant or under-utilized. d. The General Plan encourages development of industrial uses that are consistent with the scale and character of surrounding land uses. The proposed project will develop multiple cultivation and manufacturing facilities that are of the scale and intensity appropriate for a manufacturing development. The new development will consist of buildings that are of a size and height similar to adjacent and nearby industrial buildings. e. The proposed projects are consistent with General Plan policies that call for the recruitment of businesses, industries, and other employers whose operations are consistent with long-term economic development goals. The proposed projects bring a new industry to the City that will provide new jobs to promote economic development and further the City's jobs to housing goals. It will also provide a significant source of revenue to the City that will enable the City to provide services and benefits to the community that it is not currently able to do because of budget limitations and insufficient revenues. 2. FINDING: That the proposed development agreements are in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to properties or persons in the general neighborhood or to the general welfare of the residents of the City as a whole. a. The construction of a steel security fence around the perimeter of all buildings where commercial cannabis is cultivated, manufactured, stored, processed, and handled will provide increased security for the site and the materials and products stored, cultivated, and manufactured in the facilities. b. A video surveillance system will be installed to monitor all exterior areas of the properties, all site and building entrances and exits, and all interior spaced of the buildings, thereby providing additional security for the entire properties. c. The facilities will not be open to the general public and no direct sales or product distribution will be made to the general public. d. The development agreements include provisions for public outreach and education programs to promote the public welfare and operational and security plans to ensure the facility is operated in a safe and legal manner 3. FINDING: That the development agreements include provisions for public outreach and education programs to promote the orderly development of property and the preservation of property values. a. If a project is subject to several discretionary approvals, for purposes of CEQUA the "project" refers to the totality of the development project and not to each separate governmental approval (CEQA Guidelines section 15378). For purposes of the required CEQA discussion and analysis, the projects under review include the issuance of regulatory permits, and approval of development agreements. b. The proposed projects (development agreements) are Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15302 — Replacement of Reconstruction. This exemption (Class 2) consists of replacement of reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. More specifically, Section 15302 (b) applies to the replacement of commercial structures with a new commercial structural of substantially the same size, purpose, and capacity. In this case, the proposed cannabis activities occur in the areas zoned for manufacturing. The proposed project sites are currently developed with manufacturing uses authorized pursuant to the zoning code or are vacant. Most of the sites also qualify for the In -Filler exception (Class 32) pursuant to CEQA Guidelines Section 15332 — In -Filler Development Projects. This exemption applies 'to projects characterized as in -fill development meeting the conditions described in Section 15332. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: SECTION 1. That the development agreements with JB Los Angeles Farmers; Lacturnus Research Assoc.; Pure CA (Moxie); RD Lynwood South; Cali Med; Lynwood Urban Gardens; Norton Avenue Ventures; Premium Produce; BECC Holdings; Natural Plant Extracts; and NMC are approved and adopted substantially in the form of the agreements attached hereto. SECTION 2. Effective Date: this Ordinance shall take effect thirty (30) days from and after its passage and adoption by the City Council of the City of Lynwood. First read at a special meeting of the City Council held on the 5th day of September, 2017 and adopted and ordered published at a regular meeting of said Council on the 19th of September, 2017. PASSED, APPROVED AND ADOPTED this 19th day of September, 2017. M/Aria T. Santillan-Beas, Mayor ATTEST: APPROVED AS TO FORM: APPROVED AS TO CONTENT: iQ,aisaiib U Francisco Leal, Special Counsel AM"' Maf t�riezf City/Manager STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 19th day of September, 2017. AYES: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSENT: COUNCIL MEMBER ALATORRE ABSTAIN: NONE L"jV�� EMISSION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1699 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 19th day of September, 2017. LdA— Maria Quinonez, ity Clerk