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HomeMy Public PortalAboutOrd. 1564 -A ORDINANCE NO. 1564-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING AMENDED DEVELOPMENT AGREEMENTS FOR THE OPERATION OF COMMERCIAL CANNABIS CULTIVATION, MANUFACTURING, DISTRIBUTION, DELIVERY, AND TESTING FACILITIES THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. 1.1 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. 1.2 Section 65868 of the State of California Government Code provides that development agreements shall be amended by ordinance. 1.3 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. 1.4 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. 1.5 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 10857 Drury Lane. 1.6 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. 1.7 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. 1 1.8 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. 1.9 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. 1.10 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 manufacturing, distribution, and delivery facility for property located at 2826 Norton Avenue. 1.11 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. 1.12 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. 1.13 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. 1.14 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 11010-20 Santa Fe Avenue. 1.15 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. 1.16 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 11118-22 Wright Road. 2 1.17 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 manufacturing, distribution, and delivery facility for property located at 11116 Wright Road. 1.18 It is the desire of the City Council to enter into an amended development agreement with NMC Organization, Inc. for a commercial cannabis cultivation, manufacturing, distribution, and delivery facility for property located 10810-44 Alameda Street. 1.19 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. 1.20 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. 1.21 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. 1.22 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 Street. 1.23 The amended development agreements were reviewed and discussed by the Lynwood Planning Commission, which adopted a resolution recommending that the City Council approve this ordinance Section 2. Findings. The following findings are adopted in support of the amended development agreements. A. Conformance with General Plan - The amended development agreements are consistent with the General Plan objectives, policies, land uses, and implementation programs and any other applicable specific plans. FACT: The commercial cannabis cultivation, manufacturing, distribution, delivery, and testing facilities are allowed uses in the Manufacturing (M) zoning district. In addition, a maximum of one (1) testing facility is allowed within the C-3 (Heavy Commercial) zone. 3 The projects comply with all commercial development standards for the M (Manufacturing) or the C-3 (Heavy Commercial) zoning district set forth in Chapter 25, Article 10, Article 25, 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. 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 commercially zoned or manufacturing zoned properties that are either vacant or under-utilized. The General Plan encourages development of commercial and 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 commercial or manufacturing development. The new development will consist of buildings that are of a size and height similar to adjacent and nearby buildings. 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. 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. FACT: 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. 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. 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. The amended development agreements will promote the orderly development of property and the preservation of property values. FACT: 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. The commercial cannabis cultivation, manufacturing, distribution, delivery, and testing facilities are located in a commercial or manufacturing zoned district in proximity to other similar uses. D. All requirements of the California Environmental Quality Act have been met. FACT: 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. 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. Section 3. That the amended development agreements with Aftercare Alliance Group, BECC Holdings, Broken Arrow Private Organization, Cali Med, Cali Premium Produce, COF Organic Farms, Inc., General Testing LLC, Green Fantasy Corp., Growerks LLC, JB Los Angeles Farmers, Lacturnus Research Association, Inc., Lynwood Canna Plex, Magnolia Extracts LLC, Natural Plant Extract of California, NMC Organization Incorporated, Norton Avenue Ventures, PGH LLC, Pure CA, and RD 5 Lynwood South are approved and adopted by the City Council substantially in the form of the agreements attached hereto. Section 4. If any section, subsection, sentence, clause or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Lynwood HEREBY DECLARES that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. Section 5. Effective Date: This Ordinance shall take effect thirty (30) days after its adoption. Section 6. Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published or posted according to law. Section 7. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California, this 16th day of April 2019. / J i/ Jo-- Solache, Mayor ATTEST: ,$)/WAX aria Quinonez, Ci Clerk APPROVED AS TO FORM APPROVED AT TO CONTENT Noel Tapia, City Attor ey Jose eteotl, City Manager 6 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 resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 16th day of April 2019, and passed by the following vote: AYES: COUNCIL MEMBER CASANOVA, SANTANA, AND MAYOR SOLACHE NOES: COUNCIL MEMBER ALATORRE ABSENT: NONE ABSTAIN: NONE Caittf; i aria Quinonez, ity Clerk 7