Loading...
HomeMy Public PortalAboutA 2017-12-12 PLANNING COMMISSION (SPECIAL MEETING)Cityo! LYNW()()D California 11330 Bullis Road Lynwood,CA 90262 (310)603-0220 DEC 11 AGENDA PLANNING COMMISSION &PARKING &BUSINESS IMPROVEMENT DISTRICT BOARD (PBIDB) SPECIAL MEETING Tuesday,December 12, 2017- 5:00 P.M. CITY HALL COUNCIL CHAMBERS LYNWOOD, CA 90262 CiTY OF LYNWOOD CiTY CLERKS OFFICE7«~~Ctrr~v- In Compliance with the Americans with Disabilities Act (ADA), if you are a disabled person and need a disability related modification or accommodation to participate in this meeting, please contact the City Clerk's Department at (310) 603-0220 ext 214. Requests must be made as early as possible, and at least one full business day before the start of the meeting. Staff reports or other materials related to an item on this Agenda which are distributed to the Planning Commission less than 72 hours before this scheduled meeting shall be available for public inspection in the Development, Compliance and Enforcement Department/Planning Division office located at 11330 Bullis Road, Lynwood, CA 90262, during normal business hours. 1.CALL TO ORDER 2.CERTIFICATION OF AGENDA 3.ROLL CALL 1. Elizabeth Battle,Commissioner 2. Juan Enciso,Commissioner 3. Sylvia Ortiz,Commissioner 4. Kenneth West,Vice-Chair 5. Jorge Casanova, Chairperson 4.PLEDGE OF ALLEGIANCE Planning Commission &Parking &Business Improvement District Board Agenda December 12,2017 SPECIAL MEETING Page 2 of3 5.PRESENTATIONS AND RECOGNITIONS None. 6.APPROVAL OF MINUTES None 7.SWEARING IN OF SPEAKERS (City Clerk or Designee) 8.NON-AGENDA PUBLIC ORAL COMMUNICATION (This time is reserved for members of the public to address the Planning Commission relative to matters that are not on the agenda.No action may be taken on non-agenda items unless authorized by law) 9. PUBLIC HEARiNG(S) (With respect to speakers addressing items listed under the heading of public hearing,you are asked to wait until the Chair formally opens the public hearing and the item is called) A. The proposed project,referenced herein as the Cannabis Development Agreement 20i7-i3 through 20i7-20 and OA 20i7-03 Modification No.t, represent the 8 applicant selected by the Lynwood City Council to negotiate Development Agreements for cannabis activities in the City. I.Staff Report Presentation II. Open Public Hearing ( M 1 III.Public Testimony IV. Close Public Hearing V.Commission Discussion VI. Call for the question/vote ( M S ) 10.OLD BUSINESS None 2 Planning Commission &Parking &Business Improvement District Board Agenda December 12,2017 SPECIAL MEETING Page 3 of3 11. PLANNING COMMISSION/PBIDB ORAL COMMUNICATIONS 1. Elizabeth Battle,Commissioner 2. Sylvia Ortiz,Commissioner 3. Kenneth West, Vice Chair 4. Jorge Casanova, Chairperson 5. Juan Enciso,Commissioner 12.DIRECTOR COMMUNICATIONS 13.ADJOURNMENT Next Regular Meeting is scheduled for December 12, 2017. APPROVED BY: //'" ~,-,,",,~~~~~~------­ L.--JOHl1 YOR I,~riiteYrhOilY tor.of Comm~ni~y Development /'Ly~ocrPlanningCommission 3 DATE: TO: APPROVED BY: PREPARED BY: SUBJECT: Recommendation: AGENDA STAFF REPORT December 12, 2017 Honorable Chair and Members of the Planning Commission of the City of Lynwood v-- ,'--_....-T""rvhn Yonai, Interim Director of Community Development Francisco Leal, Special Counsel Development Agreements 2017-03 MOD and 2017-13 through 2017-20 Staff recommends that the Planning Commission of the City of Lynwoodadopt Resolution No. 3387 recommending the approval of Development Agreements 2017-03 MOD and 2017-13 through 2017-20, contingent on Council adoption of Ordinance No.__, amending Title 4-34 of the Municipal Code, and: FIND that approval of the Development Agreements 2017-03 MOD and 2017-13 through 2017-20 qualifies as exempt pursuant to CEQA Guidelines, Section 15302(b) - Replacement of a commercial structure with a new structure of substantially the same size, purpose and capacity; or Section 15332 - In-Fill Development Projects. The In-Fill Development exemption (Class 32) consists of projects characterized as in-fill development meeting the conditions described in Section 15332 and that it is consistent with the Lynwood General Plan. Project Description: The proposed project, referenced herein as the Cannabis Development Agreements 2017-03 MOD and 2017-13 through 2017-20, represents eight (8) applicants seeking new development agreements and one (1) applicant seeking an amended development agreement for cannabis activities in the City. Background: In 1996, the voters of the State of California approved Proposition 215 (codified In Health and Safety Code Section 11362.5 and entitled "The Compassionate Use Act of 1996"). The Compassionate Use Act ("CUA") allows individuals to obtain and use medical marijuana without the threat of criminal prosecution. Under the CUA, "qualified patients" with a physician's prescription for medical cannabis and "primary caregivers" are exempt from prosecution under Health and Safety Code Section 11357 (possession of marijuana) and 11358 (cultivation of marijuana) for specified amounts. On January 1, 2004, the California State Legislature enacted Senate Bill 420 (Medical Marijuana Program Act or "MMPA") to clarify the scope of the CUA. MMPA allows cities and other governing bodies to adopt and to enforce rules, regulations, and laws consistent with Senate Bill 420. The California Supreme Court has made clear that neither the CUA nor the MMPA expressly or impliedly preempt the authority of cities or counties, under their traditional land use and police powers to allow, restrict, limit or entirely exclude marijuana cultivation or distribution within their jurisdictions. Therefore, cities and counties may adopt local ordinances that regulate the location, operation or establishment of medical marijuana collectives and to enforce such ordinances. Pursuant to the City's police power, the adopted regulations should include consideration of the safety of all residents and businesses, both consumers and non-consumers. The proposed development agreements are designed to address safety and professional management of any cultivation, manufacturing, or testing cannabis business. On October 9, 2015, the Governor signed three pieces of state legislation, collectively the Medical Marijuana Regulation and Safety Act (MMRSA): Assembly Bill (AB) 266, AB 243, and Senate Bill (SB) 643. AB 266 establishes a dual licensing structure requiring a state iicense and a iocai iicense or iand use permit. The Department of Consumer Affairs wiii coordinate the overall regulatory structure establishing minimum health and safety and testing standards. AB 243 establishes a regulatory and licensing structure for cultivation sites under the Department of Food and Agriculture. SB 643 establishes criteria for licensing of medical marijuana businesses, regulates physicians, and recognizes local authority to levy taxes and fees. In June 2016, the California State Legislature amended MMRSA and re-titled it the "Medical Cannabis Regulation and Safety Act (MCRSA)", which provides for the licensure and regulation of medical cannabis and requires all commercial cannabis activity to be conducted between licensees. Upon the date of implementation of regulations by the licensing authority, MCRSA prohibits a person from engaging in commercial cannabis activity without possessing a state license and a local permit, license, or other authorization. Generally, MCRSA governs the licensing and control of all medical marijuana businesses in the State, including granting criminal immunity for licensees. Nonetheless, the legislation protects local control in several ways: (1) requires dual licensing; (2) allows local governments to enforce state law in addition to its own local ordinance (upon request by the local jurisdiction): and (3) maintains civil and criminal penalties for unlicensed activity. On November 8,2016,the State of California voters approved the Control, Regulate, and Tax Adult Use Marijuana Act (AUMA) (Proposition 64), which immediate legalized personal use of marijuana by persons 21 years of age or older, possession of small amounts of marijuana for personal use (up to an ounce), and the cultivation of up to six (6) marijuana plants within a single private residence for personal use. The adoption of AUMA also authorized the issuance of State licenses for commercial nonmedical marijuana business operations by 2018. In June 2017 the California State Legislature enacted Senate Bill 94, "Cannabis - Medicinal and Adult Use," which conformed MCRSA and AUMA into a single regulatory system and moved many of the laws relating to cannabis into the Business and Professions Code. It also added certain new provisions, including creating agricultural cooperatives, a method for collecting taxes, and a process for testing and packaging, and a system for collecting data on driving under the influence. On September 18, 2017, California Governor Brown signed AB 133 into law. AB 133 contains many so called "clean-up" provisions to the California Medical and Adult-Use Cannabis Regulatory and Safety Act ("MAUCRSA"). Like Senate Bill 94, AB 133 moved many of the laws relating to cannabis into the Business and Professions Code and expanded on already existing provisions, such as modifying the definition of "premises" so as to allow multiple cannabis licenses to be issued to the same owner/lessee of one premises. Other changes include removing the provision from MAUCRSA that requires a licensed medical manufacturer to only manufacture cannabis products for sale by medical cannabis retailers; increasing the amount of cannabis concentrates a person may possess from 4 grams to 8 grams; and removing and/or amending requirements that regulate how cannabis products are taxed. Discussion On December 20, 2016, the City Council adopted Ordinance No. 1688, which added Chapter 4 Article 34 to the Lynwood Municipal Code, entitled "Medical Cannabis Business andActivity" ("Cannabis Ordinance"). The Cannabis Ordinance regulatesthe location and operation of cannabis cultivation, manufacturing, and testing businesses. The Cannabis Ordinance provides as follows: 1. Purpose and Intent: Generally, to regulate all commercial cannabis within the City. 2. Legal Authority and Definitions 3. Permit Application and Selection Process, including: a. Development Agreement requirements; b. Initial application process; c.Permittee selection guidelines; d.Appeal procedure;and e.Permit revocation and abatement. 4.Security measures,including limited access,storage and transportation plan, surveillance cameras and alarm systems. 5.Operating requirements,including recordkeeping,limitations on City's liability, City rights of inspection and testing, and restrictions on ownership and location changes. 6.Designates distance and other conditions for approval. The City Council approved 11 development agreements for cannabis-related businesses in September 2017,including cultivation,manufacturing,distribution,and combinations thereof. Staff has reviewed the applications of the following applicants and has drafted Development Agreements with these applicants: CULTIVATION,MANUFACTURING,DISTRIBUTION,AND DELIVERY Aftercare Alliance Group Green Fantasy Corp. Lynwood Canna Plex CULTIVATION,MANUFACTURING,AND DISTRIBUTION COF Organic Farms, Inc. NMC Organization Incorporated MANUFACTURING,DISTRIBUTION AND DELIVERY Growerks LLC MANUFACTURING AND DISTRIBUTION Magnolia Extracts LLC TESTING General Testing LLC PGH LLC Staff considered the followinq factors when reviev"ing the applications: 1.Experience in proposed classification; 2. Proposed location (i.e., zoning,General Plan designation,etc.); 3. Site plans,operation plans,safety and security plans, and other application materials;and 4.Viability of applicants'proposed community benefits plan. Each applicant has submitted the necessary information for background checks. Results of background checks are forthcoming. California Environmental Quality Act: The proposed projects for which Development Agreements have been negotiated are Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15302 - Replacement or Reconstruction. This exemption (Class 2) consists of replacement or 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 structure of substantially the same size, purpose, and capacity. In this case, the proposed cannabis activities occur in 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-Fill exception (Class 32) pursuant to CEQA Guidelines Section 15332 - In-Fill Development Projects. This exemption applies to projects characterized as in-fill development meeting the conditions described in Section 15332. Fiscal Impact: There are no anticipated negative fiscal impacts. Each approved Development Agreement is expected to generate revenues for the City's General Fund. Coordinated With: Not applicable. Attachments: Resolution No. 3387 CITY OF LYNWOOD RESOLUTION No. 3387 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT AGREEMENTS FOR THE OPERATION OF COMMERCIAL CANNABIS CULTIVATION,MANUFACTURING, DISTRIBUTION,DELIVERY,AND TESTING FACILITIES WHEREAS,Section 65865 ofthe 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 ofproperties; WHEREAS,Section 65867.5 ofthe State ofCalifornia Government Code provides that development agreements shall be approved by ordinance; WHEREAS,Chapter 4, Title 34 ofthe City ofLynwood Municipal Code provides that development agreements may be entered into as a condition ofissuance by the City of regulatory permits for commercial cannabis cultivation,manufacturing,distribution, delivery,and testing facilities; WHEREAS,Aftercare Alliance Group seeks permits for a commercial cannabis cultivation,manufacturing,distribution,and delivery facility for property located at 2899 Norton Avenue; WHEREAS,it is the desire of the City of Lynwood City Council to approve issuance of regulatory permits to Aftercare Alliance Group for a commercial cannabis cultivation,manufacturing,distribution,and delivery facility and to enter into a development agreement with Aftercare Alliance Group and the owner ofsaid property for the establishment and operation ofsuch facility; WHEREAS,COF Organic Farms, Inc., seeks permits for a commercial cannabis cultivation,manufacturing,and distribution facility for property located at 10869 Drury Lane; WHEREAS,it is the desire of the City of Lynwood City Council to approve issuance of regulatory permits to COF Organic Farms, Inc., for a commercial cannabis cultivation,manufacturing,and distribution facility and to enter into a development agreement with COF Organic Farms,Inc., and the owner of said property for the establishment and operation ofsuch facility; WHEREAS,Green Fantasy Corp. seeks permits for a commercial cannabis cultivation,manufacturing,distribution, and delivery facility for property located at 11511 Bellinger Street; WHEREAS,it is the desire of the City of Lynwood City Council to approve issuance of regulatory permits to Green Fantasy Corp for a commercial cannabis cultivation, manufacturing, distribution, and delivery facility and to enter into a development agreement with Green Fantasy Corp. and the owner of said property for the establishment and operation ofsuch facility; WHEREAS,Growerks LLC seeks permits for a commercial cannabis manufacturing, distribution, and delivery facility for property located at 2820 Butler Avenue; WHEREAS,it is the desire of the City of Lynwood City Council to approve issuance ofregulatory permits to Growerks LLC for a commercial cannabis manufacturing, distribution, and delivery facility and to enter into a development agreement with Growerks LLC and the owner ofsaid property for the establishment and operation ofsuch facility; WHEREAS,Lynwood Canna Plex seeks permits for a commercial cannabis cultivation, manufacturing, distribution, and delivery facility for property located at 10842- 46 Stanford Avenue; WHEREAS,it is the desire of the City of Lynwood City Council to approve issuance of regulatory permits to Lynwood Canna Plex for a commercial cannabis cultivation, manufacturing, distribution, and delivery facility and to enter into a development agreement with Lynwood Canna Plex and the owner of said property for the establishment and operation ofsuch facility; WHEREAS,Magnolia Extracts LLC seeks permits for a commercial cannabis manufacturing and distribution facility for property located at 11118 Wright Road; WHEREAS,it is the desire of the City of Lynwood City Council to approve issuance of regulatory permits to Magnolia Extracts LLC for a commercial cannabis manufacturing and distribution facility and to enter into a development agreement with l\lagnolia Extracts LLC and the owner ofsaid property for the establishment and operation ofsuch facility; WHEREAS,NMC Organization Incorporated seeks permits for a commercial cannabis manufacturing, and distribution, facility for property located 10810-44 Alameda Street; WHEREAS,it is the desire ofthe City Council to approve issuance of regulatory permits to NMC Organization Incorporated for a commercial cannabis manufacturing, distribution, and delivery facility and to enter into a development agreement with NMC Organization Incorporated and the owner of said property for the establishment and operation ofsuch facility; WHEREAS,the City of Lynwood has received regulatory permit applications from the entities listed below for commercial cannabis testing facilities for properties located as listed below: General Testing LLC PGHLLC 2826 Norton Avenue 3148 Martin Luther King Jr. Blvd. WHEREAS,it is the desire ofthe City Council to approve issuance ofregulatory permits to these entities for commercial cannabis testing facilities and to enter into development agreements with each entity and the owners of said properties for the establishment and operation ofsuch facilities; and WHEREAS,the Planning Commission of the City of Lynwood has considered 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, manufacturing, distribution, delivery, and testing 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 ofthe 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 Plan encourages infill and intensification ofland 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,manufacturing, distribution, delivery, and testing facilities that are ofthe 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 ofbudget 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 ofthe residents ofthe 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 facility. b. A video surveillance system will be installed to monitor all exterior areas of the properties, all site and buildings entrances and exits, and all interior spaces 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 will promote the orderly development of property and the preservation ofproperty values. a. The proposed projects included in the development agreements are for infill development that will intensify land uses through the redevelopment of vacant and underutilized commercial sites. b. The proposed commercial cannabis cultivation,manufacturing, distribution, delivery, and testing facilities are in a manufacturing zoned district in proximity to other manufacturing type uses. 4. FINDING: All requirements of the California Environmental Quality Act have been met. a.If a project is subject to several discretionary approvals, for purposes of CEQA the "project"refers to the totality ofthe development project and not to each separate governmental approval (CEQA Guidelines section 15378). For purposes of the required CEQA discussion and analysis, the project under review includes the issuance of regulatory permits, approval of development agreements, and tentative map and final map approvals for subdivision ofcertain specified property. b. The proposed projects (development agreements) are Categorically Exempt from California Environmental Quality Act (CEQA)requirements under provisions of CEQA Guidelines Section 15302 -Replacement or Reconstruction. This exemption (Class 2) consists of replacement or reconstruction ofexisting 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 areas zoned for manufacturing. The proposed project sites are currently developed with manufacturing uses authorized pursuant to the zoning code or are vacant. Most ofthe sites also qualify for the In-Fill exception (Class 32)pursuant to CEQA Guidelines Section 15332 - In-Fill Development Projects. This exemption applies to projects characterized as in-fill development meeting the conditions described in Section 15332. NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDS THE FOLLOWING: That the development agreements with Aftercare Alliance Group, COF Organic Farms, Inc., General Testing LLC, Green Fantasy Corp., Growerks LLC,Lynwood Canna Plex,Magnolia Extracts LLC, NMC Organization Incorporated, and PGH LLC be approved and adopted by the City Council substantially in the form of the agreements attached hereto. PASSED,APPROVED,AND ADOPTED,at a special meeting of the Planning Commission of the City ofLynwood, California, this 5th day ofDecember 2017. CITY OF LYNWOOD PLANNING COMMISSION Chair ATTEST: Secretary APPROVED AS TO FORM AND LEGAL CONTENT: LEAL &TREJO,A PC Francisco Leal, Special Counsel CERTIFICATION I,, Secretary of the Planning Commission of the City of Lynwood, do hereby certify that Resolution No. 3387 was duly adopted at a special meeting of the Planning Commission of the City of Lynwood, held on the 5th day ofDecember 2017 and approved by the following vote, to wit: NOES: ABSENT: ABSTAIN: