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HomeMy Public PortalAboutOrd. 1742 ORDINANCE NO. 1742 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2019-18 FOR THE RELOCATION OF COF ORGANIC FARMS, INC. CANNABIS OPERATIONS FROM 10869 DRURY LANE TO 2772 AND 2800 NORTON AVENUE 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 On April 27, 2021, the Lynwood Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony for Resolution No. 3421 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 an Amendment to Development Agreement No. 2019-18 for the Relocation of COF Organic Farms, Inc. cannabis operations from 10869 Drury Lane to 2772 and 2800 Norton Avenue, Lynwood". 1.5 Upon the conclusion of the public hearing held on April 27, 2021, the Lynwood Planning Commission recommended that the City Council Approve an Amendment to Development Agreement No. 2019-18 for the Relocation of COF Organic Farms, Inc. cannabis operations from 10869 Drury Lane to 2772 and 2800 Norton Avenue. 1.6 It is the desire of the City of Lynwood City Council to amended Development Agreement No. 2019-18 with COF Organic Farms, Inc. for the relocation of COF Organic Farms, Inc. cannabis operations, which include commercial cannabis cultivation, manufacturing, distribution, and delivery facility, from 10869 Drury Lane to 2772 and 2800 Norton Avenue. 1 Section 2. Findings. The following findings are adopted in support of the Amended Development Agreement No. 2019-18. A. Conformance with General Plan - Amended Development Agreement No. 2019-18 is 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, and delivery facilities are allowed uses in the Manufacturing (M) zoning district. Amended Development Agreement No. 2019-18 complies with all commercial development standards for the Manufacturing (M) zoning district set forth in Chapter 25, Articles 10, 25, and 30, and Appendix A 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. COF Organic Farms, Inc. will utilize two (2) Manufacturing (M) zoned properties that are currently vacant and under-utilized. The General Plan encourages development of industrial and commercial uses that are consistent with the scale and character of surrounding land uses. COF Organic Farms, Inc. operation will include cultivation, manufacturing, distribution, and delivery 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 or commercial buildings. Amended Development Agreement No. 2019-18 is 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. Amended Development Agreement No. 2019-18 regulates an 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. Amended Development Agreement No. 2019-18 is 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 2 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, 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. Amended Development Agreement No. 2019-18 includes 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. Amended Development Agreement No. 2019-18 will promote the orderly development of property and the preservation of property values. FACT: The new locations included in the Amended Development Agreement No. 2019-18 for COF Organic Farms, Inc. are considered infill developments that will intensify land uses through the redevelopment of vacant and underutilized manufacturing sites. COF Organic Farms, Inc. operation of a commercial cannabis cultivation, manufacturing, distribution, and delivery facilities are located in a Manufacturing (M) zoned district in proximity to other manufacturing type 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 Agreement No. 2019-18. Amended Development Agreement No. 2019-18 for COF Organic Farms, Inc. is 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 3 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 is currently developed with manufacturing uses authorized pursuant to the zoning code. In addition, 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. Amended Development Agreement No. 2019-18 with COF Organic Farms, Inc. is approved and adopted by the City Council substantially in the form of the agreement attached hereto as Exhibit "A". Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. Section 5. Effective Date. The City Clerk shall certify to the passage of this Ordinance and shall cause this ordinance to be published and/or posted as required by law and said Ordinance shall become effective 30 days after its passage. PASSED, APPROVED AND ADOPTED this 1st day of June, 2021. Z- eldr AP OrSanta ti, ayo ATTEST: <<_ `. /Aillt/�. QA.. LS Maria Quinonez, City Clerk 4 APPROVED AS TO FORM APPROVED AS TO CONTENT Noel Tapia, City Attorrlbsy Ernie nandez, City Manager 5 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 1st day of June 2021, and passed by the following votes: AYES: COUNCIL MEMBERS FLORES, SOLACHE, MAYOR PRO TEM CASANOVA AND MAYOR SANTANA NOES: NONE ABSTAIN: COUNCIL MEMBER SOTO ABSENT: NONE L 4Qd JL/1 aria Quinonez, Ci y 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 Ordinance No. 1742 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 1St day of June 2021. Aff aria Quinonez, City Clerk 6