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HomeMy Public PortalAbout2017.169 (02-05-17) CITY OF LYNWOOD RESOLUTION NO. 2017.169 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF LYNWOODAPPROVING THE ISSUANCE OF REGULATORY PERMITS FOR THE OPERATION OF COMMERCIAL CANNABIS CULTIVATION AND MANUFACTURING FACILITIES WHEREAS, mutual benefit entities and/or corporations listed below with their respective addresses, organized under the laws of the State of California, have submitted applications to the City of Lynwood for regulatory operating permits under Chapter 4, Title 34 of the City of Lynwood Municipal Code for cannabis cultivation and/or manufacturing facilities in the City of Lynwood; and JB Los Angeles Farmers 2851 Lynwood Rd. Lacturnus Research Assoc. 11010/20 Santa Fe Ave. Pure CA (Moxie) 2990 MLK Blvd. RD Lynwood South 11510 Alameda Ave. Cali Med 2827 Norton Ave. Lynwood Urban Gardens 2820 MLK Blvd. Norton Avenue Ventures 2830 Norton Ave. Premium Produce 11108 Wright Rd. BECC Holdings 2751 Lynwood Rd. Natural Plant Extracts 11116 Wright Rd. NMC 10810-10828 Alameda St. WHEREAS, Chapter 4, Section 34 of the City of Lynwood Municipal Code sets forth requirements and procedures for issuance of commercial cannabis regulatory permits for cultivation and/or manufacturing facilities; and WHEREAS, Chapter 4, Section 34 requires the prior review and approval by the City Council for the issuance of a regulatory permit; and WHEREAS, Chapter 4, Section 34 provides that as a condition of issuance of a regulatory pern 1 it, the City Council may impose such additional terms and conditions on the issuance of the regulatory permit and the operation of the facility as the City Council deems appropriate; and WHEREAS, Chapter 4, Section 34 provides that the development agreement, operation plan,and site plan and building layout of a commercial cannabis facility required by Chapter 4, Section 34 is subject to the review and approval of the City Council prior to the issuance of a commercial cannabis regulatory permit; and WHEREAS, the applications for regulatory permits for commercial cannabis cultivation and manufacturing facilities were heard, reviewed, and discussed by the City Council as part of a public meeting. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED,by the City of Lynwood City Council as follows: 1. That the City Council of the City of Lynwood has considered all written and verbal evidence regarding the applications by the entities listed below, ("Permittees") for commercial cannabis cultivation and/or manufacturing regulatory permits for properties located at the addresses listed respectively in the City of Lynwood, and finds that the applications conform to the requirements of Chapter 4, Section 34 of the Lynwood Municipal Code; JB Los Angeles Farmers 2851 Lynwood Rd. Lacturnus Research Assoc. 11010/20 Santa Fe Ave. Pure CA (Moxie) 2990 MLK Blvd. RD Lynwood South 11510 Alameda Ave. Cali Med 2827 Norton Ave. Lynwood Urban Gardens 2820 MLK Blvd. Norton Avenue Ventures 2830 Norton Ave. Premium Produce 11108 Wright Rd. BECC Holdings 2751 Lynwood Rd. Natural Plant Extracts 11116 Wright Rd. NMC 10810-10828 Alameda St. 2. That the regulatory permits shall be subject to the terms and conditions of Chapter 4, Section 34 of the Lynwood Municipal Code authorizing the issuance of commercial cannabis facility regulatory permits and the administrative regulations for implementing that title approved by the Lynwood City Council; 3. That any term, condition, or requirement of Chapter 4, Section 34 of the Lynwood Municipal Code and the administrative regulations adopted pursuant thereto not expressly set folth in this regulatory permit or the development agreement required thereunder shall be in full force and effect just as if those terms, conditions, or requirements were expressly set forth in this regulatory permit or the development agreement, and such terms, conditions, and requirements are incorporated herein by reference; 4. That the site plan and building layout is approved subject to the following conditions: a. The City's Building Official approves the site plan; 2 b. The Fire Marshal approves the safety measures pertaining, but not limited to, the location and configuration of vehicle ingress/egress;and c. The Los Angeles County Sheriff's Department approves security measures pertaining, but not limited to, the location and operation of video surveillance cameras for both the exterior and interior areas of the buildings. 5. That the operations plan is approved subject to the following conditions: a. The Permittee shall update the operations plan included in its applications to include all supplemental information provided to the City during the application review process and as otherwise required by the City Council during its review and discussion of these applications; and b. The Los Angeles County Sheriffs Department shall approve the security alarm system which shall include door and window break sensors and motion detectors and remote monitoring. 6. That the issuance of regulatory permits to Permittees for commercial cannabis cultivation and manufacturing facilities at aforementioned properties, is hereby approved subject to the following conditions: a. The owners, managers, and operators of Permittees shall pass background investigations conducted by the Los Angeles County Sheriffs Department, and/or City Manager on behalf of the City of Lynwood,which may include, but is not limited to, LiveScan, employment history verification, personal and business references, and such other personal background investigation as deemed appropriate by the Los Angeles County Sheriffs Department or City Manager; b. A development agreement shall be finalized and executed by the City Manager, on behalf of and in the name of the City of Lynwood, and Permittees, and the property owner; which agreement shall include at a minimum the terms and conditions required by and specified in the administrative regulations for commercial cannabis facilities regulatory permits approved by the Lynwood City Council, and such other terms and conditions as otherwise required by the City Council during its review and discussion of the development agreement; c. Permittees shall update the operations plan as required herein and such updated operations plan shall be reviewed and approved by the City Manager or designee; 3 d. Permittees shall pay to the City all fees required by the Lynwood Municipal Code, including Chapter 4, Section 34 of the Lynwood Municipal Code; and the fees specified in the development agreement. e. Obtain all necessary entitlements, permits, and other approvals from the City of Lynwood and other agencies. 7. That the City Manager or designee is authorized to approve the Permittee' s update of the operations plan included in its applications to include all supplemental information provided to the City during the application review process and as otherwise required by the City Council during its review and discussion of these applications; 8. That the City Manager is authorized to finalize and execute on behalf of the City of Lynwood the required development agreement with Permittees and the property owner, where appropriate; 9. That the operator shall timely and fully pay all fees associated with the regulatory permit as set forth in Chapter 4, Section 34 of the Lynwood Municipal Code and the development agreement, as those fees may be adjusted from time to time by further resolution of the City Council; 10.That the Building Official shall not issue a Certificate of Occupancy until notified by the Planning Director that all conditions of approval specified herein have been met; 11. That the effective date of the commercial cannabis cultivation and manufacturing regulatory permits shall be the date the City's Building Official/Inspector issues a Certificate of Occupancy, which date shall be deemed the date of issuance or such earlier date specified in the development agreement; 12. That the regulatory permit may be revoked in accordance with the procedures set forth in the Development Agreement, Chapter 4, Section 34 of the Lynwood Municipal Code, and/or any other provision of the Lynwood Municipal Code. PASSED, APPROVED and ADOPTED on this 19th day of September,2017. 'g;1)(//0 5*-)- Sa tillan-Bess, Mayor 3/6 fAa/9 4 ATTEST: /41_ A:4 Maria Quinonez, City Clerkgir Jose E. eteotl, City Manager APPROVED AS TO FORM AND LEGAL FORM: Noel Tapia, City Attorney 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5th day of February 2017,and passed by the following votes: AYES: COUNCIL MEMBER CASTRO, MAYOR SANTILLAN-BEAS, COUNCIL MEMBERS HERNANDEZ,AND MAYOR PRO TEM SOLACHE NOES: COUNCIL MEMBER ALATORRE ABSTAIN: NONE ABSENT: NONE ....... IA Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City,do hereby certify that the above foregoing is a full,true and correct copy of Resolution No. 2017.169 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5th day of February 2017. �/ / i Maria Quinonez, City Cler Irr 6