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.
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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.
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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.
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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.
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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
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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
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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
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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
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