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HomeMy Public PortalAbout2023.151 (11-21-2023)RESOLUTION NO. 2023.151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING THE AWARD OF A CANNABIS RETAIL SALES BUSINESS LICENSE TO EMERALD VENTURES WHEREAS, on or about December 2016, the City of Lynwood ("City") adopted Chapter 4-34 to the Lynwood Municipal Code allowing and establishing comprehensive regulations legalizing, controlling, and regulating commercial cannabis activities related to nonmedicinal cannabis for use by adults twenty-one (21) years of age and older. Chapter 4-34 expressly prohibited storefront retail nonmedical cannabis businesses; WHEREAS, on or about July 2022, the City Council amended Chapter 25 (Zoning) to allow the storefront retail sale of medicinal and nonmedicinal cannabis within the following City zoning districts: C -2A (Medium Commercial District), C-3 (Heavy Commercial District), or M (Manufacturing District), including any overlay zones, in particular any SPA (Specific Plan Area) covering the C -2A (Medium Commercial District), C-3 (Heavy Commercial District), or M (Manufacturing District), subject to the requirements of Chapter 4-35, which proposes establishing strong and comprehensive development standards and permitting requirements for storefront retail sales of medicinal and nonmedicinal cannabis; WHEREAS, on or about July 2022, the City Council approved and adopted Ordinance 1751, which established procedures for the application and award of retail cannabis business permits; WHEREAS, Ordinance 1751 provides that retail cannabis business permits shall not become valid, even if the Council awards the permits, unless and until City residents approve a cannabis retailer business license tax. Proposition 218 as contained in the California Constitution requires the City to obtain majority voter approval of any business license tax increase or addition; WHEREAS, on or about July 2022, the City Council adopted Resolution #2022.235 that facilitated the placing of a measure asking the voters to consider the approval of a cannabis retailer business license tax; WHEREAS, on or about November 2022, 66% of the Lynwood voters voted to approved the cannabis tax measure; WHEREAS, on July 18, 2023, the City Council awarded three cannabis retail sales business licenses; WHEREAS, on July 18, 2023, the City Council unanimously directed staff to reconvene the Ad Hoc Committee to discuss possible next steps related to the City's retail cannabis permit program; WHEREAS, On October 2, 2023, the Ad Hoc Committee convened to discuss possible next steps with City staff. City staff presented a range of options related to next steps for the City's retail cannabis program including the City Manager exercising his administrative authority to adopt an administrative regulation designed to move the City's process forward; WHEREAS, On October 2, 2023, the City Manager adopted Administrative Regulation No. 2023-01, which provided the remaining five (5) applicants the opportunity to "submit and file a supplemental application and/or provide additional information, conditions, plans or other materials to augment the application currently on file and for further consideration by the City Council during the ongoing City Council review of the possible issuance of a retail cannabis business permit pursuant to LMC Section 4-35.7."; WHEREAS, Emerald Ventures submitted a supplemental application advising that Emerald Ventures was in escrow to purchase the property located at 12010 Long Beach Boulevard. Emerald Ventures advised that it would go through the process of changing locations from the originally proposed property located at 3162 Martin Luther King Boulevard to the property located at 12010 Long Beach Boulevard; WHEREAS, on November 21, 2023, Emerald Ventures was one of remaining five (5) applicants considered by the City for the award of a cannabis retail sales business license; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. That based upon staff presentations, reports, public testimony, and other matters presented to the City Council during its consideration of this matter, the foregoing recitals are true and correct and incorporated as substantive findings of this Resolution. Section 2. That the City Council of the City of Lynwood approves the award of a cannabis retail sales business license to Emerald Ventures with the condition that a retail cannabis store may never operate at the property located at 3162 Martin Luther King Boulevard pursuant to this award. Section 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood. Section 4. The City Clerk shall certify to the adoption of this Resolution. Section 5. This Resolution shall take full force and effect immediately upon adoption by the City Council. PASSED, APPROVED, AND ADOPTED this 21st day of November 2023. Oscar Flores, Ma or ATTEST: Maria Quinonez, C y Clerk APPROVED AS TO FORM: d / 4 Noel Tapia, City= APPROVED dez, City Manager TENT: el Linares, Director of munity Development . . I' . . ✓ . . . • • • . . . 1 . - . • M r • • . • . . • • 1 .. . • • .1 d . ti . ... • • • - • ■ • • ■ • 1• • Fr▪ ei:11 1 I I - • • J. . -1: - . 4.• I .. . -1 - • • . I p. i -� • • • . • . . . Ig 1 ' - 1 1 I•.• ' ' 4 .1 • • :. •I mi. 1 •• 1: 5 ''..1 1 I Y . . • • . • •.1 • - . I 1 • -r 1• • • 1. - • 1 a .. 1 • J • 1 • • 1 .. .▪ 'J ' 1 • I. r STATE OF CALIFORNIA ) )§ COUNTY OF LOS ANGELES ) I, Maria Quinonez, 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 meeting held on the 21th day of November 2023. AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES: NONE ABSENT: NONE ABSTAIN: NONE Date: aria a uinonez, City Clerk STATE OF CALIFORNIA ) )§ COUNTY OF LOS ANGELES ) I, Maria Quinonez, 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. 2023.151 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 21th day of November 2023. Date: aria Quinonez, City Clerk L,/7/Ai .. -7- ti7 • • 1 • • • • • • • . • • • • •