DocuSign Envelope ID: 4849F6F1-6592-42DC-AFÇ7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 1 of 68
& THE CITY OF
O BARSTOW
CROSSROADS OF OPPORTUNITY
Planning and Building Agency
Cannabis Division
CANNABIS LICENSE APPLICATION
ALL FEES ARE NON-REFUNDABLE - THIS APPLICATION IS A PUBLIC RECORD Application Number Date
To be filled out by City To be filled out by City
Applicant Name:
Check each that applies:
Cannabis Application Fee
Initial * $18,644.85
Quarterly Compliance Inspection • $550.00
Annual Renewal *** • $14,107.85
Entity Transfer or Modification**
TOTAL FEES $18,644.85
Application Activities (mark all that apply):
Cannabis Cultivation • Cannabis Manufacturing*
Cannabis Distribution / Transportation Cannabis Testing Cannabis Dispensary * Non-store Front Delivery
*For Manufacturing, circle one: Volatile Non-Volatile
**for a transfer of one person or entity to another, original permit holder must submit a signed and dated letter on professional letterhead detailing his/her intention to be removed from the business and permit.
***Annual Regulatory Fee included. For an Annual Renewal Permit submit the following: Completed Application; Updated Live Scans; Proof that Business License taxes and Cannabis taxes have been paid and are up-to-date; One, 8.5" × 11" Site Plan and Floor Plan identifying the location of cannabis activities and showing the exact square footage of each cannabis activity. Include permit numbers.
An inspection by City Staff is required prior to issuance of the Annual Renewal. 220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 2 of 68
Please print the following information and attach the conditions of approval for each permit you list:
Conditional Use Permit Application Number (required before operation):
Other related permits (previous cannabis applications, location development plan, etc.):
Application Information
Name of Business: Merchants Barstow, LLC
Applicant entity structure:
• Corporation
• Unincorporated Association
* Other (described): Limited Liabilaty Company
Il.
Applicant (Entity Name) Merchants Barstow, LLC
Applicant Representative & Title: _ Garnik Hakopyan
(this is the person who will be listed on the permit when it is issued, and whom the planning department will contact regarding this application)
Address: 2552 Mercantile Way, Bidg 1-24
City: Barstow State: CA Zip:_ 92311
Telephone: _ 909-900-3522 Email: [email protected] 909-900-3522
Cellphone:
Ill.
Location / Property Information
Facility address (issued by City of Barstow. If there are multiple addresses, list them all):
2552 Mercantile Way, Barstow CA 92311
Assessor's Parcel Number (Issued by San Bernardino County Assessor): 0428-211-26-0000 Zip Code: _ 92311
Total square-Feet of each structure on site: 330,000 sqft IV.
Property Owner information
Recorded Owner: Barstow Outlet, LLC
Address: _910 Broadway, Ste 110, Santa Monica, Ca 90401 City: Santa Monica State:CA Zip: 90401-2796
Telephone: 310-451-4500 Cellphone:
V.
Criminal Convictions
N/A
220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 3 of 68
Please list any felony criminal convictions or misdemeanor convictions involving moral turpitude, or the illegal use, possession, transportation, distribution, or similar activities related to controlled substances. Please list offense, date of offense, date of conviction, and City in which conviction occurred:
1. NIA
4. VI.
Unfair Business Practices
For any Applicant or Managing Member, please list all unlawful, fraudulent, unfair, or deceptive business acts or practices:
1. N/A
2. Business Entity Information
Appropriate Entity: • Nonprofit • Not-for-profit & For-Profit Name of Corporation or LLC Merchants Barstow, LLC
Cal. Sec. of State Corp. ID No: 202201910985
Federal Tax ID No: 87-4535816
Date of Incorporation: 1/14/22
Place of Incorporation: California
Location of Corporation Headquarters: 2552 Mercantile Way, Bldg 1-24, Barstow CA 92311 Is this a Mutual Benefit Corporation? • YES ENO
Are all members of the corporation Qualified Patients and Designated Primary Caregivers • YES • NO of the Qualified Patient members?
220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 4 of 68
Corporate Officers:
Please provide the following information for each cannabis permit applicant Corporate Officer. Attach additional pages to the application if necessary. Those listed will be authorized to discuss matters of this application with the Planning Department. Corporate Officers and Delivery Drivers must be recorded by the California Secretary of State.
All corporate officers and non-store front delivery drivers shall submit a live scan, failure to do so may result in delayed processing of this application.
Name (First, MI, Last) Title Phone
Member 909-900-3522
Garnik Hakopyan
220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 5 of 68
BARSTOW PROPERTY OWNER / LANDLORD USE DISCLOSURE & AUTHORIZATION FOR
A CANNABIS FACILITY
If the applicant is the owner of the property on which this activity is located, the applicant shall provide a copy of the title or deed to the property. If the applicant is not the owner of the property, this form shall be filled out and a copy of the contractual agreement between applicant and owner included.
Barstaw outlet, Lu , am the legal Owner / Landlord / Lessor or real (Name of Property Owner/Landlord) (Circle Appropriate Term) Property located at_ 2552 Mercantile Way, Bldg 1-24 , in Barstow, California. (Address of Property)
I hereby authorize the Cannabis Applicant entitled
Merchants Barstow, LLC - to use this property as a
(Name of Corporation, Individual, or Business)
cannabis facility, as that term is defined in state law and by the City of Barstow Municipal Code, for the specific use of a cannabis facility.
Farhad Abolfathi
/ A horize Agent f Landlord
(Printed Name & Tide)
ken
(Signature of Legal Owner /tandlord / Lessor)
(310) 451-4500 910 Broadway, Ste 110, Santa Monica, Ca 90401 (Phone Number) (Address)
03/28 2022
(Date)
(Copy and attach additional pages of this form if necessary to include multiple Owners) All Signatures must be original, no electronic signatures, or copies will be accepted.
Garnik Hakpoyan _ declare under penalty of perjury that the foregoing Information is true and correct. Executed this 3/28/2022 _ day of 20 220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 6 of 68
ACKNOWLEDGEMENT OF CANNABIS OPERATING STANDARDS AS SET FORTH IN
BARSTOW'S MOST RECENT CANNABIS ORDINANCE
The undersigned Management Members, on behalf of the herein Cannabis Operation I, permit applicant, Garnik Hakopyan, Merchants Barstow, LLC , declare under penalty of perjury that I have read and understand the provisions of Barstow's most recent cannabis ordinance, and shall, collectively and individually, ensure that the Cannabis Applicant, its Members, and Management Members shall not engage in activity that violates the Operational Requirements set forth in Barstow's most recent cannabis ordinance, which states in relevant part that the Cannabis Applicant shall:
(A) Only Operate on a property located within the zoning districts specified by Barstow Municipal Code sections 19.16.030 and 19.18.030, as applicable.
(B) Not be located within a 1,000-foot radius of any public or private school providing instruction in kindergarten or any grades one through twelve, public park, public day care center or youth center, or church or other religious land use that in in existence at the time the Cannabis Business applies for its initial Permit.
(C) Not be located within 1,000-foot radius of any residentially zoned district of the City (Districts ER, LDP, SFR, MDR or any other newly created residential zoning district) that is so zoned at the time the Cannabis Business applies for its initial Permit.
(D) Comply with all City laws and all other applicable laws. (E) Comply with all applicable provisions of Business & Professions Code Section 26000, et seq. and all applicable rules and regulations promulgated by the State Licensing Agencies. (F) Designate one of its Owners or full-time employee as its Community Relations Liaison and who shall be responsible for receiving and responding to all concerns and complaints made to the City regarding the Cannabis Business and for making a good faith attempt to promptly address all concerns and resolve all complaints. The Community Relations Liaison's name, phone number, and email address shall be posted prominently on the exterior of the Cannabis Business's Business Premises. (G) Individuals under 21 years of age shall not be allowed on the Business Premises of any Cannabis Business, except as pertaining to the sale of cannabis for medicinal use by a Storefront Retail Cannabis Business to a medical patient or primary caregiver who is at least 18 years of age. (H) A Retail Storefront Cannabis Business shall only be open to the public between the hours of 6 a.m. and 10 p.m. A Delivery Cannabis Business shall only deliver Cannabis or Cannabis Products between the hours of 6 a.m. and 10 p.m. The City Manager may adjust these default hours by regulation. 220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 7 of 68
(1) Implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing Cannabis or Cannabis Products, and to deter and prevent the theft of Cannabis or Cannabis Products. These security measures shall include, but may not be limited to the following:
1) Alarm system (perimeter, fire, and panic buttons)
2) Remote monitoring of alarm systems by licensed security professionals 3) Perimeter lighting systems (including motion sensors) for after-hours security 4) Perimeter security and lighting
5) Establishing limited access areas accessible only to authorized Cannabis Business personnel 6) All Cannabis and Cannabis Products shall be stored and secured in accordance with the requirements specified by the State of California. All Cannabis and Cannabis Products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.
7) 24-hour security surveillance cameras to monitor all entrances and exits to and from the Business Premises, all interior spaces within the Cannabis Business which are open and accessible to the public, all interior spaces where Cannabis, cash or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of Cannabis could reasonably occur. Live feed and video recording shall be maintained for a minimum of 90 days. (J) Take reasonable steps to discourage persons on or around its Business Premises, including any parking areas under its control from engaging in illegal, criminal, or nuisance activities, including, but not limited to, disturbances of the peace, public intoxication, drinking alcoholic beverages, smoking or ingesting Cannabis Products, illegal drug activity, vandalism, obstruction of the operation of another business, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, excessive loud noise, or any other behavior that adversely affects or detracts from the quality of life for adjoining residents, property owners, or businesses. (K) Provide immediate access to its Business Premises and all areas therein to employees or agents of the City performing their official duties.
(L) The City Manager or its designee may develop other operational requirements or regulations as are determined to be necessary to protect the public health, safety, and welfare. (M) Cannabis growing, manufacturing, and testing shall be in appealing and discreet facilities that do not openly advertise the presence of any cannabis products or operations on site and subject to City's Design Guidelines.
220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 8 of 68
We, Barstow Outlet, LLC and Garnik Hakopyan
(Printed Name of Property Owner) (Printed Name of Operator) Collectively acknowledge that we have been provided a copy of the cannabis facility operating standards listed on the City of Barstow's most recent cannabis ordinance. We further acknowledge that we have read, understand, and shall ensure compliance with the aforementioned operation standards and all applicable provisions of the City of Barstow's most recent cannabis ordinance at the time cannabis facility entitled Merchants Barstow, LLC
(Name of facility listed on the application)
We certify under penalty of perjury that the foregoing information is true and correct.
Executed this_3/28/2022 day of 20 (rear) in Barstow, California. (Month)
x Farhad Abolfathi, Authorized Agent for Lowland
Signature of Property Owner Printed Name & Title
•DocuSigned by:
x Greg HakpoyanMember
SDTAEA562E9C4EA..
Signature of Operator Printed Name & Title
220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 9 of 68
INFORMATION AND RELEASE FORM
The undersigned, on behalf of _ Merchants Barstow, LLC - hereby authorize the City of Barstow, by and (Name of Corporation)
Through its appropriate Officers, Agents, and Employees to verify and confirm the information contained in this application, and to conduct such other investigations as may be reasonably required by the City of Barstow, its Officers, Agents, and Employees for the purpose of determining the capability, fitness, and capacity of the above named Corporation to obtain the Cannabis Permit.
The Applicant by signing this Information Release Form consents to service of any notice required or provided for by the laws, rules, regulations, or ordinances of the City of Barstow upon the person(s) at the address listed for Applicant, will constitute sufficient and legal notice, unless said Applicant listed an Attorney of Record and/or Agent for service of process, with sufficient contact information.
The Applicant consents and agrees that full compliance will be made with all applicable State laws and City ordinances governing the conduct of the particular type of activity for which the Cannabis Permit re requested.
The Applicant by signing this Information Release Form understand that any complete or false information may constitute grounds for denial.
This form MUST be signed by each Applicant Management Member. •DocuSigned by:
Greg Hakpoyan Member 3/28/2022
Signatur& 6F Management Member Printed Name & Title Date Signature of Management Member Printed Name & Title Date Signature of Management Member Printed Name & Title Date This release may be executed in two or more counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument. All Signatures must be originals; no electronic signatures or copies will be accepted.
I declare under penalty of perjury that I have read the forgoing application and all information, statements, verifications, declarations, and authorizations made, attached to and contained herein, and that I have personal knowledge of the information contained in the application, and that the information contained and the application is true and correct, and that the application was completed under supervision of the Management Members.
3/28/2022 day of in Barstow, California.
Executed this
(Day) (Month) (Year)
220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 10 of 68
BARSTOW CANNABIS FACILITY
ON-SITE MEMBER CONTACT STATEMENT
The undersigned, on behalf of Garnik Hakopyan
(Name of Corporation)
Norair Madatian as the on-site
hereby designates
(Name of On-Site Manager)
Community Relation's Representative to whom the Public or City can provide notice to fi there are operating problems or issues relating to the Barstow Cannabis Facility. The Cannabis Facility shall make every good faith effort to encourage residents to call this person to try to solve operating problems, if any, before any calls or complaints are made to the Police or Planning Departments. - DocuSigned by:
Norik Madatian, Member
Signature of On-Site Manager Printed Name & Title
Vorair Madatian, Member
Address Phone Number
318-522-2220
12141 Lull St, North Hollywood, CA 91605
Fax Number Email
[email protected]
I declare under penalty of perjury that I have read the forgoing application and all information, statements, verifications, declarations, and authorizations made, attached to and contained herein, and that I have personal knowledge of the information contained in the application, and that the information contained and the application is true and correct, and that the application was completed under supervision of the Management Members.
3/23/2022
Executed this day of (Yeary, in Barstow, California.
(Day)
220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 11 of 68
APPLICATION THE CITY OF
FOR * BARSTOW
CANNABIS BUSINESS
CONDITIONAL USE PERMIT CROSSROADS OF OPPORTUNITY
Application No: PCUP
Applicant Name Merchants Barstow, LLC
Street Address 2552 Mercantile Way, Bldg 1-24
City, State, Zip Code Barstow CA 92311
Home Phone 909-900-3522 Mobile Phone 909-900-3522
Work Phone Fax
E-mail Address [email protected]
Property Owner Barstow Outlet, LLC
Street Address 910 Broadway, Ste 110
City, State, Zip Code Santa Monica, Ca 90401
Home Phone Mobile Phone
Work Phone 310-451-4500 Fax
E-mail Address [email protected]
Primary Contact Greg Hakopoyan
Home Phone 909-900-3522 Mobile Phone 909-900-3522
Work Phone Fax
E-mail Address [email protected]
Anticipated Number of Employees Once in Operation
Project Location 2552 Mercantile Way, Bldg 1-24
Legal Description
042-821-127, 042-821-126
(Lot & Tract or APN)
Project Description (including proposed uses, types of structures, square footage, height, lot size, type of construction, other site improvements, landscaping, lighting, etc.)
Existing Zoning of Property General Commercial
Existing Zoning of Property
cuSigned by:
3/28/2022
Date
3/25/1022
Signature of Property Owners) if not same as Applicant Date Signature of Property Owners) if not same as Applicant Date (Separate written authorization by property owner to submit application may be provided) 220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 12 of 68
CITY OF BARSTOW
COMMUNITY DEVELOPMENT DEPARTMENT PLAN SUBMITTAL REQUIREMENTS Seven (7) sets of the following plans in 24" × 36" size shall be submitted to the Community Development Department, unless otherwise noted or directed by staff. Plans shall be collated, stapled and folded to 8 ½" x 11" unless colored. Plans are required to include, at a minimum, the following items at the time of submittal:
1. Notification Package: A notification package containing a scaled map or Assessor's Parcel Map pages showing all properties within a 300-foot radius of the subject property (including contiguously owned property); a typed list of the property owners and their mailing addresses within the 300-foot radius.
Submit three (3) sets of typed, self-adhesive, addressed labels for the above property owners.
2. Title Report: A Title Report of the subject property. Said report must be dated within the last six (6) months of the application submittal.
3. Existing Site Plan: Drawn to scale and fully dimensioned, showing the existing project site.
4. Proposed Site Plan: Drawn to scale and fully dimensioned, showing the proposed project site. Where applicable, include the following:
• Proposed buildings, structures (trash enclosures, etc.) • Driveways • Dimensioned parking stalls • Curbs, gutters, sidewalks • Truck loading areas • Location of fire hydrants
• Air conditioning units • Back-up areas
• Bicycle paths • Service areas
• Easements • Accessible path of travel
• Street lights • Perimeter and screen walls
• Existing structures on abutting properties • Available/proposed utilities A. Included on this plan shall be a table of tabulating the following: project area size in acres (gross and net), gross building square footage (individual and total), lot coverage ratio, hardscape square footage (parking areas and walks), landscaping square footage, required and proposed parking spaces, including accessible parking spaces and loading spaces.
B. If the project is going to be phased, indicate the limits of the phasing and all off-site improvements to be constructed with each phase. All project phasing must be provided at the time of the initial submittal and review. A phased project that is not disclosed up front may require the filing of a supplemental application with appropriate fees to defray the cost associated with additional city review and approval.
5. Conceptual Grading and Drainage Plan: A conceptual grading and drainage plan drawn to an engineering scale of no smaller than 1"=30' with the scale clearly labeled and shall include the following information:
A. Existing and proposed contours, pad elevations, adjacent street elevations, parking lot, driveways, landscaping, drainage patterns, dry wells, retention area, etc. (grading may be indicated on the site plan if clearly readable). Tabulations showing amount of cut/fill, lot sizes, number of lots, square feet/acres of each).
B. Areas subject to inundation.
220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 13 of 68
6. Conceptual Architectural Renderings: Architectural plans shall be of sufficient size to show architectural detail and include the following:
A. Floor plans showing allocation of space and location of all door and window openings, four copies shall be submitted. Include parking and use calculations. See Section 19.06.050 of the Barstow Municipal Code for parking requirements.
B. Elevations shall be fully dimensioned and all colors, finishes and materials shall be identified on the plans. Color renderings may be required.
7. Exterior Lighting Plan: Plans shall show conceptual type of light fixtures including base, locations, fixture height, source, and surface illumination. Lighting plans shall demonstrate that the lighting fixtures are capable of providing adequate illumination for security and safety, including, without illumination, one (1) foot candles maintained across the surface of the parking area. Include fixture cut sheets and site/photometric plan with foot-candle calculations (min., max., average).
8. Conceptual Landscape Plan: The City of Barstow is located in the Mojave Desert and consideration shall be given to temperatures, wind, soils, shade, drainage, irrigation systems, and plant selection. This plan shall be drawn to an engineering scale no smaller than 1"=50' and shall include the following:
A. Landscape Plan: 24" x 36" (3 copies, folded).
B. Landscape legend with plant types, sizes and quantities shall be included on the plans.
C. The City of Barstow references Zone 11 of Sunset Magazine's Western Garden Book of Landscaping for plant materials.
9. An electronic copy of all of the above plans in "JPEG" or "PDF" format on either a Compact Disk or USB memory device.
10. Any special studies as determined by the Community Development Department, i.e.:
• Exemptions
Negative Declaration
• Mitigated Declaration
• Environmental Impact Report
The following statement of findings and attached plans are offered to show:
A. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this title.
B. That the use is necessary or desirable for the development of the community and is not detrimental to existing uses or uses specifically permitted in the district classification as per this title.
C. That the site for the intended use is adequate in size and shape to accommodate the use and that all of the yards setbacks walls or fences, landscaping, and other features required in order to adjust the use to existing uses or possible future uses on adjoining land in the neighborhood be compatible with one another.
D. That the site for the proposed use conforms to streets and highways property designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use.
E. City sewer service shall not be provided to any parcel not meeting the requirements of this chapter. 220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 14 of 68 F. I understand that all conditions of approval on this project will be recorded at the San Bernardino County Recorders office.
G. Applicant's Statements:
I hereby understand approval of this Conditional Use Permit includes conditions and that failure to comply with those conditions will result in revocation of the Conditional Use Permit.
I further understand that representation is required at the meeting (either personally or by written confirmation of agreeing to all conditions) and that failure to have representation could result in the continuation of the hearing thereby delaying the approval process.
Greg Hakpoyan
Name Date
General Notes:
* An Environmental Information Form (Appendix G, attached) shall be submitted with each application. * Refer to Chapter 19.30 B.M.C. regarding voiding of this permit. * Please direct all questions regarding this application to:
City of Barstow
Cannabis Division
220 E. Mt. View St., Suite A
Barstow, CA 92311
(760-255-5161/[email protected])
220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 46 of 68 constructed on the Site; (3) are necessary to comply with state or federal laws and regulations; or (4) involve sign and parking ordinances and guidelines, changes to the City's zoning laws, Specific Plan or the City's General Plan, whether adopted previous or subsequent to the Effective Date of this Agreement).
If any City ordinance, rule or regulation or addition to the Barstow Municipal Code is enacted or imposed by a citizen-sponsored initiative or referendum after the Effective Date that would conflict with this Agreement or an associated Commercial Cannabis Permit, business license or other authorizations and City approvals, or reduce development rights or assurances provided to the Owner (or Operator) in this Agreement, then such changes, additions or deletions to the Barstow Municipal Code shall not be applied to the Site or Project; provided, however, the parties acknowledge that the City's approval of this Agreement is a legislative action subject to referendum. The parties shall cooperate with each other and undertake such reasonable actions as may be appropriate to ensure this Agreement remains in full force and effect and is implemented in accordance with its terms and to the fullest extent permitted by state or federal law.
Notwithstanding anything to the contrary in this Agreement, site improvements contemplated by this Agreement shall be completed pursuant to the development standards and design guidelines to be adopted by the zoning code amendment.
Joint and Several Liability. Owner (or Operator) shall be jointly and severally liable for any amount due under this Agreement, and any breach of this Agreement or failure to pay by one Party shall also constitute a breach of this Agreement by the other Party.
f. Severability. If any part of this Agreement is found to conflict with applicable state laws or regulations, such part shall be inoperative, null, and void insofar as it conflicts with said laws or regulations or modified or suspended as may be necessary to comply with such state laws or regulations, but the remainder of this Agreement shall continue to be in full force and effect.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The execution of this Agreement may be by actual, facsimile, or electronic signature. h. Jurisdiction. The law governing this Agreement shall be that of the State of California. Any suit brought by any party against any other party arising out of the performance of this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, shall be filed and maintained in the County of San Bernardino Superior Court.
i. Disclaimer. Despite California's commercial cannabis laws and the terms and conditions of this Agreement, any Conditional Use Permit, or any Commercial Cannabis Permit issued pertaining to Owner (or Operator), or the property specified herein, California commercial cannabis cultivators, transporters, 220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 47 of 68 distributors, or possessors may still be subject to arrest by state or federal officers and prosecuted under state or federal law. The Federal Controlled Substances Act, 21 US § 801, prohibits the manufacture, distribution, and possession of cannabis without any exemptions for medical use. j. Force Majeure. If delays are caused by unforeseen events beyond the control of Owner (or Operator), such delays will entitle Owner (or Operator) to an extension of time as provided in this section. Such unforeseen events ("Force Majeure") shall mean war, insurrection, acts of God, local, state or national emergencies, strikes and other labor difficulties beyond the party's control, or any default by City hereunder, which Force Majeure event substantially interferes with the development, construction or operation of the Project. k. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.
1. Binding Effect of Agreement. The Parties agree that the Recitals above are true and correct and intend to be bound by same. Except as otherwise provided, the burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Parties and constitute covenants which run with the Site. In order to provide constructive notice thereof, the City Clerk will record this Agreement with the San Bernardino County Recorder within the period required by Government Code Section 65868.5.
Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and the Owner (or Operator) is that of a government entity regulating the development of private property and the Owner (or Operator) of such property.
Changes to Project. The parties acknowledge that changes to the Project or Development Plans and n.
related approvals may be appropriate and mutually desirable to carry out the intent and purpose of this Agreement. This Agreement shall not prevent the City from applying, with the consent or at the request of the Owner (or Operator), Subsequent Land Use Regulations or Subsequent Development Approvals that do not directly conflict with the Project, Site or Development Plan authorized under this Agreement. The granting of one such change, or request shall not obligate the City to grant other similar changes or requests. As used herein, "Subsequent Development Approvals" include, without limitation, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other non-discretionary permits or approvals necessary, convenient or appropriate for the Project. As used herein, "Subsequent Land Use Regulations" means ordinances, resolutions 220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 48 of 68 and codes adopted or approved by the City after the Effective Date of this Agreement governing the development and use of the land, including general plan amendments, zone changes, variances or conditional use permits affecting the permitted use of the land including density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions of reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property.
Conflicting Federal or State Rules. In the event that any conflicting federal or state laws or regulations, o.
enacted after the Effective Date, prevent, or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, this Agreement shall remain in full force and effect as to those provisions not affected; and (i) Notice of Conflict. Either party, upon learning of any such matter, will provide the other party with written notice thereof and provide a copy of any such law, regulation, or policy together with a statement of how any such matter conflicts with the provisions of this Agreement; and (ii) Modification Conferences. The parties shall, within thirty (30) days of the notice referenced to in the preceding subsection, meet and confer in good faith and attempt to modify this Agreement to bring it into compliance with any such federal or state law or regulation.
City Council Hearings. In the event the City believes that an amendment to this Agreement is necessary due to the effect of any federal or state law or regulation, the proposed amendment shall be scheduled for hearing before the City Council. The City Council shall determine the exact nature of the amendment necessitated by such federal or state law or regulation. Owner (or Operator) shall have the right to offer oral and written testimony at the hearing. Any modification ordered by the City Council pursuant to such hearing is subject to judicial review in accordance with California law. (iv) Minor Amendments. A minor modification is a modification that does not modify the material terms of this Agreement including (1) the Term; (2) Facility Operations; (3) Indemnification; and (4) Fees. Minor Modifications shall not require a public hearing prior to execution of the modification to this Agreement. Either Party may propose a minor modification, consent to which shall not be unreasonably withheld, conditioned or delayed by the other Party. Upon the written request of Developer for a modification to this Agreement, the City Manager or his/her designee shall determine: (1) whether, in his/her reasonable judgment, the requested modification constitutes a minor modification as defined herein; (2) whether the requested modification is consistent with applicable law (other than that portion of this Agreement sought to be modified); and (3) whether, in his/her reasonable judgment, the requested modification tends to promote the goals of this Agreement. If the City Manager or his/her designee determines that the requested modification is minor modification that is consistent with applicable law and tends to promote the goals of this Agreement, the proposed modification will be approved by the City as a minor modification, and a written modification will be executed by the Parties and attached to this Agreement. Any such minor modification shall not be deemed an "amendment" to this Agreement under Government Code Section 65858. 220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 49 of 68 (v) City Cooperation. The City shall cooperate with Owner (or Operator) in securing any City permits, licenses or other authorizations that may be required as a result of any amendment resulting from actions initiated by the City. As required by this Agreement, Owner (or Operator) shall be responsible to pay all applicable fees in connection with securing of such permits, licenses, or other authorizations.
Effective Date. "Effective Date" means the date on which all of the following are true: (i) thirty (30) days have elapsed since the second reading of the Ordinance adopting and approving this Development Agreement and (ii) all Exhibits to this Agreement are finalized, executed and notarized by all affected parties (if applicable) and attached hereto; provided, however, that if these conditions have not been fully satisfied by the Owner (or Operator) the Effective Date may not thereafter occur and this Agreement may not thereafter become effective.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
[INSERT SIGNATURE PAGES FOR CITY, OWNER, AND OPERATOR]
220E Mountain View St. Ste A • Barstow, CA 92311• (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 50 of 68
EXHIBITS
A LEGAL DESCRIPTION
PARCEL MAP
SITE AND FLOOR PLANS
D RESERVATION OR DEDICATION OF LAND FOR PUBLIC PURPOSES (IF APPLICABLE) E. OPERATIONAL AND ADDITIONAL BUSINESS STANDARDS (IF APPLICABLE) F. INDEMNIFICATION AGREEMENT
STANDARDS AND CONDITIONS FOR CONSTRUCTION (IF APPLICABLE 220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 51 of 68
COMMERCIAL CANNABIS BUSINESS PERMIT APPLICANT
INDEMNIFICATION AGREEMENT
The Applicants) (hereinafter collectively referred to as "Applicant"), as consideration for applying to the City of Barstow and as consideration in the grant of a City of Barstow commercial cannabis permit, commercial cannabis development agreement, and related permit applications under Barstow Municipal Code Chapter
19.27, hereby expressly agree to each and every one of the following terms and conditions:
1. Parties
For the purposes of this Agreement, the term City shall include the City of Barstow, the City of Barstow City council. City Manager, and/or any City of Barstow elected officials fiers, contractors, consultants, attorneys, employees, and agents. earthe repartments, contrement, the term Applicant shall include all parties applying for approval of the Application for the commercial cannabis permit, commercial cannabis development agreement, and related permit applications, including but not limited to the owner or owners of the property or properties upon which the commercial cannabis business will be sited and the Applicants) who intend to operate the proposed commercial cannabis business and who applied for the commercial cannabis permit, commercial cannabis development agreement, and related permit applications.
2. Indemnification and Defense by Applicant
a. Applicant shall defend, indemnify, and hold harmless the City from and against any and all claims, damages, demands, suits and/or proceedings of any kind brought by anyone challenging the validity and/or legality of the Application, or the process followed. Applicant shall further defend, indemnify, and hold harmless the City from and against any and all claims, damages, demands, suits, and/or proceedings of any kind brought by anyone challenging the validity and/or legality of the Applicant's commercial cannabis business that is the subject of the Application. Applicant shall defend, indemnify, and hold harmless the City from and against any and all liability whatsoever that arises out of or relates in any way to the commercial cannabis business that is the subject of the Application and/or arising out of the acts or omissions of Applicant in the operation of a commercial cannabis business that is the subject of the Application and any City of Barstow commercial cannabis permit or related entitlement issued upon approval of the Application.
b. Applicant further agrees, as part of and in connection with the Application, to defend, indemnify, and hold harmless the City from any and all claims), action(s), or proceeding(s) (collectively referred to as "proceeding") brought against City to challenge, attack, set aside, void, or annul any action taken to provide related environmental clearance for the Application under the California Environmental Quality Act of 1970, as amended ("CEQA") by City's advisory agencies, boards or commissions; appeals boards or commissions; Planning Commission, or City Council.
c. Applicant further agrees to defend, indemnify and hold harmless the City from and for all costs and fees incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document if made necessary by said proceeding and if Applicant desires to pursue such City 220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 52 of 68 approvals and/or clearances, after initiation of the proceeding and that are conditioned on the approval of these documents.
d. Applicant further agrees to defend, indemnify and hold harmless the City from and against any and all claims, suit liability, or actions brought by adjacent or nearby property owners or any other third parties, whether civil or governmental, for any damages, injuries or other liability of any kind arising from operations at its cannabis business.
e. In the event that Applicant is required to defend City in connection with such proceeding, City shall have and retain the right to approve the counsel to defend City; all significant decisions concerning the manner in which the defense is conducted; and any and all settlements, which approval shall not be unreasonably withheld.
f. City shall also have and retain the right to not participate in the defense, except that City agrees to reasonably cooperate with Applicant in the defense of the proceeding. If City chooses to have counsel of its own defend any proceeding where Applicant has already retained counsel to defend City in such matters, the fees and expenses of the additional counsel selected by City shall be paid by City. g. Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by City, if any, and costs of suit, claim or litigation, including, without limitation, attorneys' fees and other costs, liabilities and expenses incurred in connection with such proceeding, whether incurred by Applicant, City, and/or parties initiating or involved in such proceeding.
By signature below, the Applicant hereby affirms that it has authority to bind Applicant, its partners, shareholders or any other legal entity claiming a financial interest in the cannabis business proposed to be licensed under Chapter 19.27of the Barstow Municipal Code and that this Indemnification Agreement shall be binding on the Applicant's beneficiaries, transferees, devisees, and assignees.
DocuSigned by:
3/28/2022
Dated:
u3/2/1022 Land Owner [If not the same as Applicant]
220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 53 of 68 Notice of Acknowledgment
As part of the application process, it is understood that the applicant, agent and/or owner may be responsible for the implementation of conditions as well as additional fees and/or processes that may include, but are not limited to the following:
Conditions:
1. Some projects may require the installation of paving, curb, gutter and/or sidewalks;
2. Some projects may require the construction of a trash enclosure per City Standards;
3. Landscaping may be required by Code or as directed by the Planning Commission;
4. Other development requirements to bring the project into conformance with applicable codes and consistency with the surrounding neighborhood
These potential conditions are dependent upon the scope of the project (i.e., new construction, additions, subdivisions, etc.). Conditions do not take effect until the applicant/agent/owner has agreed and the 5-working day (10 calendar days for subdivisions) appeal period has ended. While the Planning Commission/Hearing Officer has some flexibility in amending the conditions, the intent is to mitigate any potential adverse effects on surrounding properties. In addition, the Planning Commission/Hearing Officer must apply requirements consistently throughout the City.
Additional Fees/Processes:
• Projects that cannot be considered as "exempt" from the California Environmental Quality Act (CEQA) may be required to submit a check in the amount of $2,266.25 for negative declarations, or $3,128.25 for environmental impact reports, made payable to the San Bernardino County Clerk of the Board of Supervisors (Clerk) to pay for the State Department of Fish and Game fees as well as a document handling fee from the Clerk. Applications requiring an Environmental Impact Report (EIR) will be subject to additional fees (i.e., consultant fees for development of the EIR). • Projects that cannot be considered as "exempt" from CEQA may require the submittal of surveys such as: Biological, Archaeological, Drainage, Geotechnical, etc. prior to processing the application(s) for public hearing. The applicant, agent and/or owner should contact the Planning Department prior to project submittal to determine if these surveys are required.
Projects that are exempt or require a Notice of Determination from CEQA may be required to submit a Notice of Determination or Notice of Exemption with the County Clerk of the Board of Supervisors.
Filing fees for either is $50 and shall be made payable to the San Bernardino County Clerk of the Board of Supervisors for document handling.
The fees associated with this/these application(s) are for the Planning Department process only.
Construction/permit fees are separate and are based upon the valuation of the project (for construction, alteration, signs, encroachment permits etc.).
• Other unforeseen costs/requirements imposed by the Planning Commission or Hearing Officer.
It is also acknowledged that representation is required at the hearing and that failure to have representation may result in the continuation or potential denial of the application(s). The applicant/agent/owner shall receive notification of the hearing prior to the meeting date for a public hearing item.
Signed: DocuSigned by:
3/28/2022
Propery Amer 3/28/2022
oes fines pose renty one these in authoried neel responsible for noting the 220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 54 of 68
THE CITY OF
ENVIRONMENTAL
INFORMATION O BARSTOW
AND
CHECKLIST FORM CROSSROADS OF OPPORTUNITY
(to be completed by applicant)
Date Filed: Planning Case No.
1. Developer or Project Sponsor:
Name: Merchants Barstow, LLC
Address: 2552 Mercantile Way, Bldg 1-24
Barstow State: CA Zip: 92311
City:
2. Address of project
3. Assessors Block and Lot Number
4 Primary Project Contact
Name: Greg Hakopyan Phone: 909-900-3522
Address: 2552 Mercantile Way, Bldg 1-24 Email: [email protected] City: Barstow State: CA Zip: 92311
5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies:
Local building and safety permits - State Cannabis Licenses - Department of Fish & Wildlife Lake & Streambed Alteration Agreement - State Water Control Resources Board Water Quality Protection Permit
6. Existing zoning district: Commercial
7. Proposed use ofisite (Project for which this form isfiled):
Commercial Cannabis Activity - Dispensary - Cultivation - Manufacturing - Distribution - Non Store Front Delivery - Special Events
PROJECT DESCRIPTION
& Site size. 1,279,793 Sq Feet / 29.38 Acres
9. Square footage 330,000 saft
10. Number of floors of construction. 1
11. Amount of off street parking provided and number of employees per shift/total Ample Parking on site
12. (Attach Plans)
13. Anticipated incremental development (ie, phasing):
1 Phase
14 if this is a commercial project, indicate the type of project, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities:
This is a neighborhood/regional project and will have a sales floor area of about 1500 sq feet and one of 2000 Sq ft approximatley.
15. If this is an industrial project, indicate the type of project, estimated amployment per shift, and loading facilities:
N/A
220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 55 of 68 16 if this is an institutional project, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project:
N/A
17, if the project involves a variance, conditional use permit, or reioning application, state this and indicate deadly why the application isrequired
This project requires a Conditional Use Permit as part of the City of Barstow Cannabis Licenseing process, Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary).
YES NO
X 18. Change in existing features of any hills, or substantial alteration of ground contours.
19. Change in scenic views or vistas from existing residential areas or public lands or roads.
20. Change in pattern, scale or character of general area of project.
21. Significant amounts of solid waste or litter.
22. Change in dust, ash, smoke, fumes or odors in vicinity.
23. Change in lake, stream or ground water quality or quantity, or alteration of existing drainage patterns.
24. Substantial change in existing noise or vibration levels in the vicinity.
X 25. Site on filled land or on slope of 10 percent or more.
26. Use or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives.
27. Substantial change in demand for municipal service (police, fire, water, sewage, etc.).
28. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
29. Relationship to a larger project or series of projects.
ENVIRONMENTAL SETTING
30. On a separate page, describe the project site as it exists before the project, including information on topography, soil stability, ants and animals, ar
31. On a separate page, describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots, digital or polaroid photos will be accepted.
NOTE: Before the Lead Agency can accept this application as complete, the applicant must consult the lists prepared pursuant to Section 65962.5 of the Government Code and submit a signed statement indicating whether the project and any alternatives are located on a site which is included on any such list, and shall specify any list.
CERTIFICATION
I hereby certify that the statements furnished above and in the attached exhibits present data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and in formation presented are true and correct to the best of my knowledgesansbelief.
3/28/2022
-5D7AEA562E9C4EA...
Signature: Date:
For:
220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home DocuSign Envelope ID: 4849F6F1-6592-42DC-AFC7-1D6C220831E3 REV 1/5/2022 Cannabis License Application Page 56 of 68
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
The development project and any alternatives proposed in this application are contained on one or more of the lists of hazardous waste sites and facilities compiled pursuant to Section 65962.5 of the Government Code. Accordingly, the project applicant is required to submit a signed statement which contains the following information:
1. Name of applicant: Merchants Barstow, LLC
2. Address: 2552 Mercantile Way, Bldg 1-24, Barstow CA 92311
3. Phone Number: 909-900-3522
4. Address of Site (street name and number if available, and ZIP code):
2552 Mercantile Way, Bldg 1-24, Barstow CA 92311
5. Local Agency (city/county): City of Barstow / San Bernardino County
6. Assessor's book, page, and parcel number: 0428-211-26-0000
7. Specify any list pursuant to Section 65962.5 of the Government Code:
8. Regulatory identification number:
9. Date of List:
Docustgned by:
Hit 3/28/2022
- 5D7AEA562E9C4EA... Date:
Signature:
For: (Applicant)
220 E Mountain View St. Ste A • Barstow, CA 92311 • (760) 255-5161 • https://www.barstowca.org/home