HomeMy Public PortalAboutA 2018-11-15 PLANNING COMMISSION AGENDA du°ti�• 41 Cit y o f
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Bullis Road OD Lynwoo d, CA
90262
California (310) 603-0220
PLANNING COMMISSION & PARKING & BUSINESS IMPROVEMENT
DISTRICT BOARD (PBIDB)
SPECIAL MEETING
Tuesday,November15,2018 4;00 P.M.
CITY HALL COUNCIL CHAMBERS
. LYNWOOD, CA 90262 -
-
AGENDA
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 92Ga
3. ROLL CALL R p ® B�CECEE�D --
1. Elizabeth Battle, Commissioner 1l f Qf
2. Juan Enciso, Commissioner NOV 1 3 201E
3. Sylvia Ortiz, Commissioner CITY OFLYNWOOD
4. Kenneth West? Vice-Chair CITY OFLY OFFICE
5. Jorge Casanova, Chairperson
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Planning Commission&Parking&Business Improvement District Board Agenda
November 15,2018
4. PLEDGE OF ALLEGIANCE
Vice Chair Ken West.
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. A request to consider Cannabis Amended Development Agreements 2017-02
through 2017-20, representing nineteen (19) licensees seeking amended
development agreements for cannabis activities in the City.
I. Staff Report Presentation
II. Open Public Hearing ( M S )
III. Public Testimony
IV. Close Public Hearing
V. Commission Discussion
VI. Call for the question/vote ( M S )
•
Planning Commission&Parking&Business Improvement District Board Agenda
November 15,2018
10.OLD BUSINESS
None
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 11, 2018.
APPROVED BY:
atit,
Michelle Ramirez,
Director of Communi evelopment
Lynwood Planning Commission
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City of 'LYNWOOD moos__
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LYNWOOD,CALIFORNIA 90262
(310)603-0220
DATE: November 15, 2018
TO: Honorable Chair and Members of the Planning Commission
FROM: Michelle Ramirez, Director of Community Development
SUBJECT: Amended Development Agreements 2017-02 through 2017-20
Recommendation:
Staff recommends that the Planning Commission:
1. CONDUCT a public hearing, receive public testimony, and, after discussion, vote
upon the matter at hand.
2. ADOPT Resolution No. 3399 entitled "A Resolution of the Planning Commission
of the City of Lynwood, County of Los Angeles, State of California Recommending
that the City Council Approve Amended Development Agreements for the
Operation of Commercial Cannabis Cultivation, Manufacturing, Distribution,
Delivery, and Testing Facilities."
Background:
Project Description
The project, referenced herein as the Cannabis Amended Development Agreements
2017-02 through 2017-20, represents nineteen (19) licensees seeking amended
development agreements 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
1
"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 amended 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
license and a local license or land use permit. The Department of Consumer Affairs will
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.
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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
and Activity" ("Cannabis Ordinance"). The Cannabis Ordinance regulates the 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 a number of development agreements for cannabis-related
businesses in September 2017, and several more in December 2017, including
cultivation, manufacturing, distribution, and delivery, and combinations thereof. The City
Council also approved two agreements for cannabis testing facilities.
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Staff has drafted Amended Development Agreements with the following applicants:
Cultivation, Manufacturing, Distribution, and Delivery
Aftercare Alliance Group, LLC
BECC Holdings
Broken Arrow Private Organization
Cali Med
Cali Premium Produce, LLC
COF Organic Farms
Green Fantasy Corp.
JB Los Angeles Farmers
Lacturnus Research Association, Inc.
Lynwood Canna Plex
Natural Plant Extract of California
NMC Organization Inc.
Norton Avenue Ventures
Pure CA
RD Lynwood South
Manufacturing, Distribution, and Delivery
Growerks, LLC
Magnolia Extracts, LLC
Distribution
General Testing, LLC
Testing
PGH, LLC
The purpose of presenting these amended development agreements is to make their
provisions consistent by setting the same fees and regularizing other provisions.
Environmental Review
The 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 cannabis activities occur in areas zoned fog manufacturing. The project sites
are currently developed with manufacturing uses authorized pursuant to the zoning code
or are vacant. In addition, most of the sites also qualify for the In-Fill exception (Class
32) pursuant to CEQA Guidelines Section 15332 "In-Fill Development Projects". This
4
exemption applies to projects characterized as in-fill development meeting the conditions
described in Section 15332.
Legal Review:
This staff report and attached Resolution have been reviewed and approved by the City
Attorney.
Public Notice Process:
This item has been noticed through the regular agenda notification process, which
includes a 300-foot radius public hearing notice to all affected property owners and
residents, publication in the Press Telegram on November 5, 2018, and postings of the
notice at the three (3) public locations.
Attachment(s):
Amended Development Agreements 2017-02 through 2017-20
Resolution No. 3399
5
RESOLUTION NO 3399
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDED
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;
WHEREAS, Section 65868 of the State of California Government Code provides
that development agreements shall be amended by ordinance;
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;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with Aftercare Alliance Group LLC 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 enter into an
amended development agreement with BECC Holdings for a commercial cannabis
cultivation, manufacturing, distribution, and delivery facility for property located at 2751
Lynwood Road;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with Broken Arrow Private Organization for a
commercial cannabis cultivation, manufacturing, distribution, and delivery facility for -
property located at 2820 Martin Luther King, Jr. Boulevard;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with Cali Med for a commercial cannabis cultivation,
manufacturing, distribution, and delivery facility for property located at 2827 Norton
Avenue;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with Cali Premium Produce LLC for a commercial
cannabis cultivation, manufacturing, distribution, and delivery facility for property located
at 11108 Wright Road;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with COF Organic Farms, Inc., for a commercial
cannabis cultivation, manufacturing, distribution, and delivery facility for property located
at 10869 Drury Lane;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with General Testing, LLC, for a commercial cannabis
distribution facility for property located at 2826 Norton Avenue;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with Green Fantasy Corp. 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 enter into an
amended development agreement with Growerks LLC for a commercial cannabis
manufacturing, distribution, and delivery facility for property located at 11100 Wright
Road;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with JB Los Angeles Farmers for a commercial
cannabis cultivation, manufacturing, distribution, and delivery facility for property located
at 2851 Lynwood Road;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with Lacturnus Research Association, Inc., for a
commercial cannabis cultivation, manufacturing, distribution, and delivery facility for
property located at 11010 Santa Fe Avenue;;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with Lynwood Canna Plex for a commercial cannabis
cultivation, manufacturing, distribution, and delivery facility for property located at 10842-
46-68 Stanford Avenue;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with Magnolia Extracts LLC for a commercial cannabis
manufacturing, distribution, and delivery facility for property located at 11118 Wright
Road;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with Natural Plant Extract of California for a
commercial cannabis cultivation, manufacturing, distribution, and delivery facility for
property located at 11116 Wright Road;
WHEREAS, it is the desire of the City Council to enter into an amended
development agreement with NMC Organization Incorporated for a commercial cannabis
cultivation, manufacturing, distribution, and delivery facility for property located 10810-44
Alameda Street;
WHEREAS, it is the desire of the City Council to enter into an amended
development agreement with Norton Avenue Ventures for a commercial cannabis
cultivation, manufacturing, distribution, and delivery facility for property located 2830-60
Norton Avenue;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with PGH LLC for a commercial cannabis testing
facility for property located at 3148 Martin Luther King, Jr. Boulevard;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with Pure CA for a commercial cannabis cultivation,
manufacturing, distribution, and delivery facility for property located at 2990 Martin Luther
King, Jr. Boulevard;
WHEREAS, it is the desire of the City of Lynwood City Council to enter into an
amended development agreement with RD Lynwood South for a commercial cannabis
cultivation, manufacturing, distribution, and delivery facility for property located at 11510
Alameda Avenue;
WHEREAS, the Planning Commission of the City of Lynwood has considered
evidence regarding the amended development agreements and has made the following
findings:
A. FINDING
That the amended development agreements are consistent with the General Plan
objectives, policies, land uses, and implementation programs and any other applicable
specific plans.
1. The commercial cannabis cultivation, manufacturing, distribution, delivery, and
testing facilities are allowed uses in the Manufacturing (M) zoning district.
2. The 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.
3. 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 projects utilize manufacturing zoned
properties that are either vacant or under-utilized.
4. The General Plan encourages development of industrial uses that are consistent
with the scale and character of surrounding land uses. The projects 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.
5. The 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 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.
B. FINDING
That the amended 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.
1. 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.
2. 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.
3. The facilities will not be open to the general public and no direct sales or product
distribution will be made to the general public at the facilities.
4. The amended 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.
C. FINDING
That the amended development agreements will promote the orderly development
of property and the preservation of property values.
1. The projects included in the amended development agreements are for infill
development that will intensify land uses through the redevelopment of vacant and
underutilized commercial sites.
2. The commercial cannabis cultivation, manufacturing, distribution, delivery, and
testing facilities are located in a manufacturing zoned district in proximity to other
manufacturing type uses.
D. FINDING
All requirements of the California Environmental Quality Act have been met.
1. 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 project under review includes the
approval of amended development agreements.
2. The projects (amended 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 cannabis
activities occur in areas zoned for manufacturing. The project sites are currently
developed with manufacturing uses authorized pursuant to the zoning code or are
vacant. In addition, 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, BE IT RESOLVED by the Planning Commission of the City
of Lynwood as follows:
SECTION 1. The Planning Commission finds that the above recitals are true and
correct and are incorporated herein by reference.
SECTION 2. The Planning Commission recommends that the City Council
approve and adopt the amended development agreements with Aftercare Alliance Group,
LLC; BECC Holdings; Broken Arrow Private Organization; Cali Med; Cali Premium
Produce, LLC; COF Organic Farms, Inc.; General Testing, LLC; Green Fantasy Corp.;
Growerks, LLC; JB Los Angeles Farmers; Lactumus Research Association, Inc.;
Lynwood Canna Plex; Magnolia Extracts, LLC; Natural Plant Extract of California; NMC
Organization, Inc.; Norton Avenue Ventures; PGH, LLC; Pure CA; and, RD Lynwood
South, which are attached hereto.
SECTION 3. This resolution is not subject to the California Environmental Quality
Act(CEQA) pursuant to the State CEQA Guidelines, California code of Regulations, Title
14, Chapter 3, 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 cannabis activities occur in areas zoned for manufacturing. The project sites are
currently developed with manufacturing uses authorized pursuant to the zoning code or
are vacant. In addition, 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.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission at a Special Planning Commission Meeting held on November 15, 2018, by
the following vote.
YES:
NO:
ABSENT:
ABSTAIN:
SECTION 5. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the applicants and the Lynwood City Clerk.
PASSED, APPROVED, AND ADOPTED this 15th day of November 2018.
Jorge Casanova, Chairperson
APPROVED AS TO FORM APPROVED AS TO CONTENT
Arturo N. Fierro Michelle G. Ramirez
Office of the City Attorney Director of Community Development