HomeMy Public PortalAboutOrd. 1708ORDINANCE NO. 1708
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING DEVELOPMENT AGREEMENTS FOR THE OPERATION OF
COMMERCIAL CANNABIS CULTIVATION, MANUFACTURING,
DISTRIBUTION, DELIVERY, AND TESTING 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 development agreements shall be approved by ordinance; and
WHEREAS, Chapter 4, Title 34 of the City of Lynwood Municipal Code
provides that development agreements may be entered into as a condition of
issuance by the City of regulatory permits for commercial cannabis cultivation,
manufacturing, distribution, delivery, and testing facilities; and
WHEREAS, Aftercare Alliance Group seeks permits for a commercial
cannabis cultivation, manufacturing, distribution, and delivery facility for property
located at 2899 Norton Avenue; and
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 of
said property for the establishment and operation of such facility; and
WHEREAS, COF Organic Farms, Inc., seeks permits for a commercial
cannabis cultivation, manufacturing, and distribution facility for property located at
10869 Drury Lane; and
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 of such facility; and
WHEREAS, Green Fantasy Corp. seeks permits for a commercial
cannabis cultivation, manufacturing, distribution, and delivery facility for property
located at 11511 Bellinger Street; and
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 of such facility; and
WHEREAS, Growerks LLC seeks permits for a commercial cannabis
manufacturing, distribution, and delivery facility for property located at 2820 Butler
Avenue; and
WHEREAS, it is the desire of the City of Lynwood City Council to approve
issuance of regulatory 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 of said property for the
establishment and operation of such facility; and
WHEREAS, Lynwood Canna Plex seeks permits for a commercial
cannabis cultivation, manufacturing, distribution, and delivery facility for property
located at 10842-46 Stanford Avenue; and
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 of such facility; and
WHEREAS, Magnolia Extracts LLC seeks permits for a commercial
cannabis manufacturing and distribution facility for property located at 11118
Wright Road; and
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 Magnolia Extracts LLC and the owner of said property for the
establishment and operation of such facility; and
WHEREAS, NMC Organization Incorporated seeks permits for a
commercial cannabis manufacturing, distribution, and delivery facility for property
located 10810-44 Alameda Street; and
WHEREAS, it is the desire of the 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 of such facility; and
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
PGH LLC
2826 Norton Avenue
3148 Martin Luther King Jr. Blvd.
WHEREAS, it is the desire of the City Council to approve issuance of
regulatory 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 of such facilities; and
WHEREAS, the proposed development was heard, 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, 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
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 Plan 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, manufacturing, distribution, delivery, and testing
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,
tested, distributed, and handled will provide increased security for the site and the
materials and products stored, tested, cultivated, and manufactured, and
distributed in the facilities.
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 of property 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 located 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 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 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 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 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDAIN AS
FOLLOWS:
Section 1. That the development agreements with Aftercare Alliance
Group, COF Organic Farms, Inc., Green Fantasy Corp., General Testing LLC,
Growerks LLC, Lynwood Canna Plex, Magnolia Extracts LLC, NMC Organization
Incorporated, and PGH LLC are hereby 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 regular meeting of the City Council held on the 19th day of
December, 2017 and adopted and ordered published at a regular meeting of said
Council on the 2nd of January, 2018.
PASSED, APPROVED and ADOPTED on this 2nd day of January, 2018.
ATTEST:
APPROVED AS TO FORM:
Noel Tapia, City Atto ey
Luis Solache, Mayor
APPROVED AS TO CONTENT:
l/
Alma K. Martine?, Cit 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 2nd day of January, 2018.
AYES: COUNCIL MEMBERS CASTRO, SANTILLAN-BEAS, MAYOR
PRO TEM HERNANDEZ AND MAYOR SOLACHE
NOES: COUNCIL MEMBER ALATORRE
ABSENT: NONE
ABSTAIN: NONE
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. 1708 in my office and that said Ordinance was
adopted on the date and by the vote therein stated. Dated this 2nd day of
January, 2018.
Maria Quinonez, ity Clerk