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.
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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
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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
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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.
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Maria Quinonez, City Clerk
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APPROVED AS TO FORM APPROVED AS TO CONTENT
Noel Tapia, City Attorrlbsy Ernie nandez, 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 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
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