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(p) Schools, public and private, excluding schools providing instruction in kindergarten or any grades 1 through 12 located within 600 feet of a residential zone located within the Commercial Cannabis Overlay Zone illustrated in Exhibit "A" to City Council Ordinance No. 673, unless otherwise mandated under state or federal law.
SECTION 4. Subsection (24) of Section 20.68.100 (Uses Permitted in Residential Zones by Conditional Use Permit) of Chapter 20.68 (Commercial and Professional Districts) of Title 20 (Zoning) of the Cudahy Municipal Code is hereby amended to read as follows:
(24) Day care centers, excluding those occupying any portion of the CC zone located within 600 feet of the Commercial Cannabis Overlay Zone illustrated in Exhibit "A" to City Council Ordinance No. 673, unless otherwise mandated under state or federal law.
SECTION 5. Subsection (49) of Section 20.68.100 (Uses Permitted in Residential Zones by Conditional Use Permit) of Chapter 20.68 (Commercial and Professional Districts) of Title 20 (Zoning) of the Cudahy Municipal Code is hereby amended to read as follows:
(49) Schools, colleges, and universities, accredited, including appurtenant facilities that offer instruction required to be taught by the Education Code of the state of California and in which no pupil is physically restrained, excluding schools which provide instruction in kindergarten or any grades 1 through 12 that occupy any portion the CC zone located within 600 feet of the Commercial Cannabis Overlay Zone illustrated in Exhibit "A" to City Council Ordinance No. 673, unless otherwise mandated under state or federal law.
SECTION 6. Subsection (50) of Section 20.68.100 (Uses Permitted in Residential Zones by Conditional Use Permit) of Chapter 20.68 (Commercial and Professional Districts) of Title 20 (Zoning) of the Cudahy Municipal Code is hereby amended to read as follows:
(50) Schools, business and professional, including art, barber, beauty, dance, drama, music, and swimming, excluding schools which provide instruction in kindergarten or any grades 1 through 12 that occupy any portion the CC zone located within 600 feet of the Commercial Cannabis Overlay Zone illustrated in Exhibit "A" to City Council Ordinance No. 673, unless otherwise mandated under state or federal law.
SECTION 7. Subsection (46) of Section 20.68.150 (Uses by conditional use permit in C-M Zone) of Chapter 20.68 (Commercial and Professional Districts) of Title 20 (Zoning) of the Cudahy Municipal Code is hereby amended to read as follows:
(46) Schools, colleges, and universities, accredited, including appurtenant facilities which offer instruction required to be taught by the Education Code of the state and in which no pupil is physically restrained, excluding schools which provide instruction in kindergarten or any grades 1 through 12 that occupy any portion the C-M zone located within 600 feet of the Commercial Cannabis Overlay Zone illustrated in Exhibit "A" to City Council Ordinance No. 673, unless otherwise
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mandated under state or federal law.
SECTION 8. Subsection (47) of Section 20.68.150 (Uses by conditional use permit in C-M Zone) of Chapter 20.68 (Commercial and Professional Districts) of Title 20 (Zoning) of the Cudahy Municipal Code is hereby amended to read as follows:
(47) Schools, business and professional, including art, barber, beauty, dance, drama, music, and swimming, excluding schools which provide instruction in kindergarten or any grades 1 through 12 that occupy any portion the C-M zone located within 600 feet of the Commercial Cannabis Overlay Zone illustrated in Exhibit "A" to City Council Ordinance No. 673, unless otherwise mandated under state or federal law.
SECTION 9. Title 5 (Business License and Regulations) of the Cudahy Municipal Code is hereby amended by the addition of a new Chapter 5.20 (Cannabis Permitting and Regulation), which shall read as follows:
Chapter 5.20 - Cannabis Permitting and Regulation.
5.20.010 Section Intent and Purposes.
The intent and purpose of this Chapter is to regulate Commercial Cannabis Activity (as defined below) in accordance with State Law (as defined below) to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to State Law, including, but not limited to, MAUCRSA. The goals of this regulation for Commercial Cannabis Activity include:
(a) To comply with the goals and guidance set forth in the Cole Memo. (b) To minimize the size of the illegal market for Cannabis in the City and the surrounding regions.
(c) To create jobs, revenue, and economic growth for the City and its residents. (d) To enable law enforcement and regulators to have sufficient rights to inspect and audit Cannabis Permittees and take expeditious action against Cannabis Permittees who violate the requirements of this Chapter. (e) To minimize social harms which may arise from Cannabis including youth consumption or intoxicated driving.
(f) To regulate the manner of advertising and location of Cannabis Permittees such that public nuisance is minimized.
5.20.020 Definitions.
For purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates otherwise:
(a) "Applicant" means an Owner seeking a Cannabis Permit pursuant to this Chapter.
(b) "Cannabis" means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every
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compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Cannabis also means the separated resin, whether crude or purified, obtained from cannabis. Cannabis also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Chapter 5.18, Cannabis does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.
(c) "Cannabis Permit" means a permit issued by the City to conduct a Commercial Cannabis Activity, including, but not limited to a Cultivation Permit, Distribution Permit, Manufacturing Permit, Microbusiness Permit, Retail Delivery Permit, or Testing.
(d) "Cannabis Permittee" means a Person who holds a Cannabis Permit. (e) "Cannabis Product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, or other cannabis derivative, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
(f) "City" shall mean the City of Cudahy.
(g) "City Coden means the City of Cudahy Municipal Code. (h) "City Manager" means the City Manager of the City of Cudahy. (i) "Cole Memo" means the August 29, 2013 United States Department of Justice memorandum offering guidance on federal enforcement priorities regarding Cannabis.
U) "Commercial Cannabis Activity(ies)" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of Cannabis and/or Cannabis Products. (k) "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of Cannabis.
(I) "Cultivation Permit" means a Cannabis Permit for the Indoor Cultivation of Cannabis in accordance with the terms and conditions of this Chapter and the Development Agreement for the applicable Cannabis Permit issued to the particular Cultivation Permittee.
(m) "Cultivation Permittee" means an applicant who has applied for and has been issued a Cultivation Permit by the City pursuant to the terms and conditions of this Chapter.
l
l
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(n) "Day Care Center" means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers.
(o) "Development Agreement" means an agreement adopted pursuant to the Development Agreement Law (Gov. Code, § 65864 et seq.) and Cudahy Municipal Code Chapter 20.28 (Development Agreements), which provides agreed upon community benefits to the City.
(p) "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between persons authorized to engage in permitted commercial cannabis activities pursuant to this Chapter. (q) "Distribution Permit" means, with respect to a Distribution Permittee, a Cannabis Permit for Distribution in accordance with the terms and conditions of this Chapter and the Development Agreement for the applicable Cannabis Permit issued to such Distribution Permittee.
(r) "Distribution Permittee" means a Person that has been issued a Distribution Permit by the City pursuant to the terms and conditions of this Chapter. (s) "Fully Enclosed and Secure Structure" means a space within a building or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is reasonably secure against unauthorized entry, provides complete visual screening or is behind fencing or other features providing complete visual screening, and which is accessible only through one or more lockable doors and is inaccessible to minors. (t) "Good Cause" for purposes of refusing or denying a Cannabis Permit, for revoking a Cannabis Permit, or for refusing or denying a Cannabis Permit renewal or reinstatement means: (i) the Applicant has not obtained approval by the City Council of a Development Agreement setting forth the general terms for the operation of commercial cannabis activity or breaches a term or terms of a Development Agreement approved by the City Council pursuant to this Chapter; (ii) The Applicant or Cannabis Permittee has violated the terms, conditions, or provisions of this Chapter, of state law, of any regulations or rules promulgated pursuant to state law or this Chapter, any applicable local rules, regulations, or conditions placed upon its state license or Cannabis Permit; (iii) the licensed Premises have been operated in a manner that adversely affects the public health, safety, or welfare or the safety of the immediate neighborhood in which the Commercial Cannabis Activity is being conducted; (iv) the Applicant or Cannabis Permittee has knowingly made false statements, misrepresentations, or material omissions on an application form, renewal form, or other document submitted to the City; (v) the Applicant or Cannabis Permittee's criminal history does not indicate that the Applicant or Cannabis Permittee is of Good Moral Character or the Applicant or Cannabis Permittee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the Applicant or Cannabis Permittee. However, if the City has issued a Cannabis Permit to the Applicant or Cannabis Permittee, the City shall not consider any
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criminal history of the Applicant or Cannabis Permittee that was disclosed to or discovered by the City prior to issuance of the Cannabis Permit and is confirmed by the Applicant or Cannabis Permittee. For any criminal history that was not disclosed to or discovered by the City prior to issuance of a Cannabis Permit, or that arose after the issuance of the Cannabis Permit, the City shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the Applicant or Cannabis Permittee, and shall evaluate the suitability of the Applicant or Cannabis Permittee based upon such review. In determining which offenses are substantially related to the qualifications, functions, or duties of the Applicant or Cannabis Permittee, the City shall consider factors set forth in Business and Professions Code Section 26057; (vi) the Applicant or Cannabis Permittee is employing or allowing to volunteer any person whose criminal history indicates that such person is not of Good Moral Character; (vii) the Applicant or Cannabis Permittee fails to allow inspection by City officials of the security recordings, activity logs, business records, or other accessible records pertaining to the activities conducted on the applicable Premises; or (viii) the Applicant or Cannabis Permittee allows for Physician Services to be conducted on the applicable Premises. (u) "Good Moral Character" means having a personal history that demonstrates the propensity to serve the public in a manner that reflects openness, honest, fairness, and respect for the law and rights and well-being of others. In determining Good Moral Character, the following standards shall apply: (i) a judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used, in and of itself, as proof of an individual's lack of Good Moral Character.
Such judgment, however, may be used as evidence in the determination and when so used, the individual shall be notified and shall be permitted to rebut the evidence by showing that, at the current time, he or she has the ability to, and is likely to serve the public, in a fair, honest, and open matter, that he or she is rehabilitated, and/or that the substance of the former offense is not substantially related to the applicable Commercial Cannabis Activity; and (ii) a prior conviction where the sentence, including any term of probation incarceration, or supervised release is completed for the possession of, possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance, is not considered substantially related, and shall not be the sole ground for denial of a Cannabis Permit, except that any of the convictions set forth in Business and Professions Code Section 26057(b)(4), as may be amended, shall be deemed substantially related to applicable Commercial Cannabis Activity. (v) "Health and Safety Code" means the California Health and Safety Code, as amended from time to time.
(w) "Indoor" means within a Fully Enclosed and Secure Structure. (x) "Manufacture" or "Manufacturing" means to compound, blend, extract, infuse, or otherwise make or prepare a Cannabis Product from such blends, extractions, or infusions.
)
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(y) uManufacturing Permit" means a Cannabis Permit to Manufacture in accordance with the terms and conditions of this Chapter and the conditions of approval for the applicable Cannabis Permit issued to the particular Manufacturing Permittee.
(z) "Manufacturing Permittee" means a Person that has been issued a Manufacturing Permit by the City pursuant to the terms and conditions of this Chapter.
(aa) "Medicinal Permittee" means a Person who is issued a Cannabis Permit to engage in Commercial Cannabis Activity with respect to medicinal Cannabis in accordance with applicable City law and State Law, including MAUCRSA. (bb) "Microbusiness" means a commercial medicinal cannabis business facility of cultivation of medicinal cannabis on areas less than 10,000 square feet and also acts as a licensed distributor, manufacturer, and Delivery-only retailer, pursuant to State Law, including MAUCRSA. Microbusinesses shall not be open to the public for point-of-sale retail Cannabis sales.
(cc) "Microbusiness Permit" means a Cannabis Permit to establish and conduct a Microbusiness in accordance with the terms and conditions of this Chapter and the conditions of the Development Agreement for the applicable Cannabis Permit issued to the particular Microbusiness Permittee. (dd) "Microbusiness Permittee" means a Person who has been issued a Microbusiness Permit by the City pursuant to the terms and conditions of this Chapter.
(ee) "Outdoors" means any location within the City that is not within a Fully Enclosed and Secure Structure.
(ff) "Owner" means any of the following: (i) a Person with an aggregate ownership interest of 20% or more in the Person applying for a Cannabis Permit, unless the interest is solely a security, lien, or encumbrance; (ii) the chief executive officer of a nonprofit or other entity; a member of the boards of directors of a nonprofit; (iv) an individual who will be participating in the direction, control, or management of the person applying for a Cannabis Permit. (gg) "Permit Zone" means, with respect to a Person holding a Cannabis Permit, the overlay zone described in Cudahy Municipal Code Chapter 20.120 where such Cannabis Permit type is permitted to operate pursuant to a Development Agreement with the City.
(hh) "Person" includes any individual, entity, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
(ii) "Physician Services" means the consultation by a State-licensed physician of a patient with the possible recommendation by such physician of medicinal Cannabis for such patient.
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OD "Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the Cannabis Permittee applicant or Cannabis Permittee where the Commercial Cannabis Activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one Cannabis Permittee. (kk) "Retail Delivery" means the commercial transfer or delivery of Cannabis or Cannabis Products to a customer, patient, primary caregiver or Cannabis Permittee.
(II) "Retail Delivery Establishment" means a location where Cannabis or Cannabis Products are, either individually or in any combination, Delivered pursuant to State Law, including MAUCRSA. Retail Delivery Establishments shall not be open to the public for point-of-sale retail sales. (mm) "Retail Delivery Permit" means a Cannabis Permit to Deliver Cannabis and Cannabis Products to customers, patients, and primary caregivers in accordance with the terms and conditions of this Chapter and the conditions of the Development Agreement for the applicable Cannabis Permit issued to the particular Retail Delivery Permittee.
(nn) "Retail Delivery Permittee" means a Person that has been issued a Retail Delivery Permit by the City pursuant to the terms and conditions of this Chapter. (oo) "State" means the State of California.
(pp) "State Law" means all laws of the State of California, including, but not limited to, all rules and regulations adopted by State agencies and State regulatory entities, including subsequent amendments to such laws, rules, and regulations.
(qq) "State Medicinal license" means a State license for medicinal Commercial Cannabis Activities issued pursuant to State Law. (rr) "Testing" means the activities conducted by a Testing Laboratory. (ss) "Testing Laboratory" means an accredited laboratory, facility, or entity in the City that offers or performs tests of medicinal cannabis or medicinal cannabis products in accordance with State Law and City law:
(tt) "Testing Permit" means a Cannabis Permit for Testing the quality and makeup of Cannabis and Cannabis Products pursuant to the terms and conditions of this Chapter and the conditions of the Development Agreement for the applicable Cannabis Permit issued to the particular Testing Permittee. (uu) "Testing Permittee" means a Person who has been issued a Testing Permit by the City pursuant to the terms and conditions of this Chapter. (vv) "Volatile Solvent" means a Class I Flammable liquid as defined by the National Fire Protection Association, including butane and propane. (ww) "Youth Center" means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to,
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private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.
5.20.030 Commercial Cannabis Activity Prohibited.
All Commercial Cannabis Activity within the City is prohibited except as permitted by this Chapter.
5.20.040 Certain Commercial Cannabis Activity Permitted. Medicinal Commercial Cannabis Activities, except retail dispensaries that are open to the public for point-of-sale purchases, shall be allowed within the area set forth in the overlay zone/Permit Area illustrated in Exhibit "A" to City Council Ordinance No. 673 pursuant to a development agreement adopted in accordance with the Development Agreement Law (Gov. Code,§ 65864 et seq.) and Cudahy Municipal Code Chapter
20.28 (Development Agreements). No such activities shall be permitted without a Development Agreement within or outside of the boundaries of such overlay zone.
The City may approve or deny such a Development Agreement in its sole and absolute discretion. The City Manager is authorized to develop and promulgate policies and procedures consistent with the intent and spirit of this Chapter concerning the applications, application process, including, but not limited to, the information required of Applicants, and application review procedures, which shall inform the administration and protocols to be used and followed by the City in the application and hearing processes.
5.20.050 Business standards.
Commercial Cannabis Activity within the City shall be in conformance with the standards set forth in this Section, in addition to those additional standards that may be imposed through negotiated Development Agreement. The City Manager is hereby authorized to formulate and impose additional Business Requirements applicable to Cannabis Permittees in furtherance of the public health, safety, and/or welfare.
(a) Commercial Cannabis Activity shall only be allowed upon application and issuance of a Cannabis Permit and a Development Agreement by the City in accordance with the criteria and process set forth in this Chapter and City Code. (b) Zoning and Land Use.
(1) Operation Near Schools, Day Cares, and Youth Centers. Following the enactment of this Chapter, no new Premises shall be established, developed, or operated within 600 feet of a Day Care Center, Youth Center, or public or private school providing instruction in kindergarten or any grades 1 through 12 that is in existence at the time the Cannabis Permit is issued. All distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building or structure in which the Premises are, or will be, located to the nearest property line of those uses describe in this Subsection. The restrictions set forth in this Subsection shall not apply to Premises which operate within 600 feet of any Day Care Center, Youth Center, or public or private school
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providing instruction in kindergarten or any grades 1 through 12, if such Premises existed prior to the establishment of the applicable Day Care Center, Youth Center, or school that is located within 600 feet of such Premises.
(2) Co-Location. All Commercial Cannabis Activity shall fully comply with all l mandates set forth in State Law. To the extent not prohibited under State Law, a Cannabis Permittee may be located within the same unit of the same Premises or building, facility or real property parcel as another Cannabis Permittee.
(3) Development Agreement.
a) Prior to commencing operations, all Cannabis Permittees shall enter into a Development Agreement with the City.
b) All Premises shall be operated in accordance with the terms of the applicable Development Agreement for the specified parcel of real property (or sub-portion thereof) upon which the Premises is located. c) Except as specified, Commercial Cannabis Activities shall not exceed the square footage authorized pursuant to the applicable Development Agreement.
d) All Premises shall be located in the Permit Zone pursuant to the applicable Development Agreement.
(c) Commercial Cannabis Activity is allowed only within Fully Enclosed and Secure Structures that are inaccessible to minors.
(d) Signage for any business must be applied for through the City's Planning Division, which shall require review and approval prior to installation. Business identification signage shall be limited to that needed for identification only, and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No Cannabis Permittee shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the Premises of the Cannabis Permittee or elsewhere including, but not limited to, the public right-of-way. (e) From any public right-of-way, there shall be no visible evidence of the consumption of any Cannabis Products. Commercial Cannabis Activity shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, odor or other impacts, and shall not be hazardous due to use or storage of materials, processes, products, or wastes. (f) Hours of operation limits, if any, shall be specified in terms mutually agreed upon in a Development Agreement.
(g) All Cannabis and Cannabis Products shall be kept in a secured manner during all business and nonbusiness hours.
(h) All Commercial Cannabis Activities shall operate within Premises that are compliant with all applicable State Laws and local laws.
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(i) Cannabis Permittees must pay all applicable taxes pursuant to all federal, State, and local laws, including, but not limited to, fees relating to infrastructure improvements within the Permit Zone.
U) Cannabis Permittees shall provide sufficient odor absorbing ventilation and exhaust systems so that odors outside the applicable Premises are not a nuisance on any adjacent property of public right-of-way. Any violation of this Section shall be remedied within thirty (30) days of the Cannabis Permittee receiving notice of such violation.
(k) Cannabis Permittees shall utilize product and inventory tracking software and accounting software that is consistent with reasonable business practices within the industry and the seed-to-sale tracking software being developed by the State. (I) Except permitted in this Chapter, on-site smoking, ingestion, or consumption of Cannabis or Cannabis Products shall be prohibited on Premises. Except to the extent otherwise permitted pursuant to this Chapter, the entrance of the Premises shall be clearly and legibly posted with a notice indicating that smoking, ingesting, or consuming Cannabis, Cannabis Products or alcohol on such Premises is prohibited.
(m) Signage for all Premises shall be in compliance with the City's sign code and application for all signs must be submitted to the City's Planning Division and comply with its sign permitting protocol.
(n) Alcoholic beverages and tobacco shall not be sold, stored, distributed, or consumed on the Premises. Cannabis Permittees shall not hold or maintain a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages or tobacco with respect to the Premises. In addition, alcohol shall not be provided, stored, kept, located, sold, dispensed, or used on the Premises.
(o) Physician Services shall not be provided at any Premises. (p) The Premises shall fully comply with all applicable rules, regulations, and laws including, but not limited to, zoning and building City Codes, the City's business license ordinances, the Revenue and Taxation Code, the Americans with Disabilities Act, and MAUCRSA.
(q) Each Cannabis Permittee shall provide the City Manager, or the City Manager's designee, with the name, phone number, facsimile number, and email address of an on-site representative of such Cannabis Permittee to whom the City and the public can provide notice if there are any operational problems associated with such Cannabis Permittee's Premises. Each Cannabis Permittee shall make reasonable and good faith efforts to encourage residents and the public to call this representative to resolve any operational problems before any calls or complaints are made to the City or law enforcement. (r) All Cannabis Permittees must comply with the following security requirements:
(1) General Security Requirements.
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a) Security cameras shall be installed and maintained in good working condition and used in a format approved by the City Manager. The cameras shall be in use 24 hours per day, 7 days per week. The areas to be covered by the security cameras include areas as determined by the City Manager, including, but not limited to, the area in which the primary Commercial Cannabis Activity occurs, e.g. the Cultivation area for a for a cultivator.
b) The Premises shall be alarmed with a reliable commercial alarm system that is operated and monitored by a security company or alarm business in a manner satisfactory to the City Manager.
c) Entrance to any storage areas shall be locked at all times and under the control of staff of the Cannabis Permittee.
d) The business entrance(s) and all window areas shall be illuminated during evening hours. The Applicant shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc., and secure the necessary approvals and permits, as necessary. e) All windows on the Premises shall be appropriately secured with all Cannabis and Cannabis Products securely stored.
f) Each Cannabis Permittee shall implement track and trace protocols, as noted above in this Section, in order to prevent diversion of Cannabis or Cannabis Products.
g) All waste and disposal containers shall be locked at all times and stored ins a secure area and, at all times, under the control of the Cannabis Permittee.
(2) Security Alarm Systems - Minimum Requirements.
a) Each Premises shall have a security alarm system installed by a licensed alarm company on all perimeter entry points and perimeter windows.
b) Each Premises must ensure that its location is continuously monitored. Premises may engage the services of outside vendors to fulfill this requirement, such as a private security firm.
c) Each Premises shall maintain up to date and current records and existing contracts on the Premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the Premises.
(3) Lock Standards. At a minimum, all points of ingress and egress shall be secured with commercial-grade, non-residential door locks. (4) Video Surveillance Requirements.
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a) Prior to exercising the privileges of a Cannabis Permit issued under this Chapter, an Applicant must install fully operational video surveillance and camera recording system. The recording system must record in digital format and meet the requirements outlined herein.
b) All video surveillance records and recording must be stored in a secure area that is only accessible to the management staff of the Cannabis Permittee.
c) Video surveillance records and recordings must be made available upon request to the City Manager or designee for a purpose authorized by this Chapter or for any other State or local law enforcement purpose. d) Video surveillance shall be held in confidence by all employees and representatives of the City Manager, except that the City Manager may provide such records and recordings to any State or local law enforcement agency for any purpose authorized under this Chapter for any State or local law enforcement purpose.
e) A sign shall be posted in a conspicuous place near each point of public access, which shall not be less than 12 inches wide and 12 inches long, composed of letters not less than one inch in height, stating that "All Activities Monitored by Video Camera" or "These Premises Are Being Digitally Recorded" or otherwise advising of all persons entering the Premises that a video surveillance and camera recording system is in operation and recording all activity as provided in this Section. f) The Premises shall utilize video surveillance equipment and a camera system that shall be remotely accessible by the City and Los Angeles County Sheriff's Department.
(5) Video Surveillance Equipment.
a) Video surveillance equipment shall, at a minimum, consist of digital or network video recorders, cameras capable of meeting the recording requirements described in this Section, video monitors, digital archiving devices, and a color printable capable of delivering still photos. b) All video surveillance systems must be equipped with a failure notification system that provides prompt notification to a Cannabis Permittee of any prolonged surveillance equipment interruption and/or the complete failure of the surveillance.
c) Cannabis Permittees are responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capturing the identity of all individuals and activities in the monitored Premises.
d) All video surveillance equipment shall have sufficient battery backup to support a minimum of four hours of recording in the event of a power outage.
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(6) Placement of Cameras and Required Camera Coverage.
a) Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities on the Premises.
b) All entrances and exits to the Premises shall be recorded from both indoor and outdoor vantage points.
c) The system shall be capable of recording all pre-determined surveillance areas in any lighting conditions. If the Premises has a medicinal cannabis cultivation area, a rotating schedule of lighted conditions and zero-illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes.
d) Areas where medicinal cannabis is grown, tested, cured, manufactured, or stored shall have a camera placed in the room facing the primary entry door at a height that will provide a clear unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.
e) Cameras shall also be placed at each location where weighing, packaging, preparation, tagging activities occur, or other distribution preparation activities occur.
f) At least one camera must be dedicated to record the access points to the secured surveillance recording area.
(7) Location and Maintenance of Surveillance Equipment. a) Surveillance recording equipment must be housed in a designated, locked, and secured room or other enclosure with access limited to authorized employees, the City Manager or designee, Los Angeles County Sheriff's Department, as authorized by this Chapter, other State or local law enforcement purpose, and service personnel or contractors. b) Premises must keep a current list of all authorized employees and service personnel who have access to the surveillance system and/or surveillance system room on the Premises. Premises must keep a surveillance equipment activity log on the Premises to record all service activity, including the identity of all individuals performing services on system service, the service date and time, and the reason for such service to the surveillance system.
c) Off-site monitoring and video recording storage of the Premises by an independent third party may be authorized so long as standards exercised at the remote location meets or exceeds all of the standards applicable to onsite monitoring.
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d) Each Premises located in a common or shred building must have a separate surveillance room/area that is dedicated to that specific Premises. The facility that does not house the central surveillance room is required to have a review station, printer, and map of camera placement on the Premises. All minimum requirements for equipment and security standards as set forth in this Section apply to such review station. (8) Video Recording Retention Requirements.
a) All camera views of all recorded areas must be continuously recorded 24 hours a day.
b) All surveillance recordings must be kept for a minimum of 30 days and be in a format that can be easily accessed for viewing. Video recordings must be archived in a format that ensures authentication of the recording as legitimately-capture video and guarantees that no alteration of the recorded image has taken place.
c) The surveillance system or equipment must have the capabilities to produce a color still photograph form any camera image, live, or recorded, of the Premises.
d) The date and time must be embedded on all surveillance recordings without significantly obscuring the picture. e) Time is to be measured in accordance with the official United States time established by the National Institute of Standards and Technology and the U.S. Naval Observatory at www.time.gov. f) After the 30-day surveillance retention schedule has lapsed, surveillance video recordings must be erased or destroyed prior to being discarded or disposed of for any other purpose. Surveillance video recordings shall not be destroyed if the Cannabis Permittee knows or should have known of a pending criminal, civil, or administrative investigation or any other proceeding sfor which the recording may contain relevant information.
(9) Other Records. All records applicable to the surveillance system and cannabis tracking system shall be maintained on the Premises. At a minimum, Premises shall maintain a map of the camera locations, directions of coverage, camera numbers, surveillance equipment maintenance activity log, user authorization list and operating instructions for the surveillance equipment.
(s) Audit. Each Cannabis Permittee shall maintain accurate books and records in an electronic format, which detail all revenues and expenses of the business, including, but not limited to, all assets and liabilities. On no less than an annual basis, or at any time upon reasonable request of the City, each Cannabis Permittee shall file a sworn statement detailing business activity during the previous 12-month period (or shorter period based upon the timing of the request). The statement shall include gross sales for each month and all
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applicable taxes and fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business's operations conducted by an independent certified public accountant. Each Cannabis Permittee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager or designee. (t) Inspections. The City Manager, or designee, or Los Angeles County Sheriff's Department shall have the right to enter all Premises from time to time unannounced during a Cannabis Permittee's hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Chapter, to inspect and copy records required to be maintained under this Chapter, or to inspect, view, and copy recordings made by security cameras, all without requirement for a search warrant, subpoena, or court order, and subject to appropriate fees, as specified in the Development Agreement, or adopted by the City.
5.20.060 Application and fee requirements.
(a) All applicants wishing to obtain a Cannabis Permit from the City shall file an application with the City upon a form approved by the City Manager and shall pay a permit application fee as established by the City. The fee may vary depending on the type of Cannabis Permit. The City Manager or designee may require and conduct background checks, as necessary, to process and evaluate Cannabis Permit applications.
(b) Prior to operating in the City, each Cannabis Permittee shall timely and fully pay all fees associated with the establishment of Commercial Cannabis Activity.
The fees shall be as set forth in the schedule and fees and charges established by the City Council, including, but not limited to, the following:
(1) Application fee for accepting a registration application, due and payable in full at the time an application is submitted;
(2) Processing fee for the cost to the City of processing an application and reviewing, investigating, and scoring each application in accordance with any evaluation system to determine eligibility for issuance of a Cannabis Permit, due and payable in full at the time a registration application is submitted;
(3) Permit issuance fee for the cost to the City of preparing a Development Agreement, Planning Commission and City Council review of the Development Agreement and the Cannabis Permit, and preparation and issuance of the Cannabis Permit, as authorized by the Cannabis Permit; (4) Amended registration fee for the cost to the City of reviewing amendments or changes to the registration form previously filed on behalf of an Applicant, due and payable in full at the time amendments or changes to any Cannabis Permit form is submitted to the City;
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(5) Permit renewal fee for the cost ot the City of processing an application to renew a Cannabis Permit, due and payable in full at the time application is made to renew a Cannabis Permit; and
(6) Any fees set forth in the applicable Development Agreement.
5.20.070 Permit conditions.
(a) A Cannabis Permit application may be denied and not awarded by the City if:
(1) The Applicant or the Applicant's agent(s) has made one or more false or misleading statements or omissions in the application or during the application process.
(2) The proposed Premises or Commercial Cannabis Activity at the Premises is not allowed by State Law or City law.
(3) The Applicant is not a legal representative of the proposed Cannabis Permittee.
(4) The Applicant or any of its officers, directors, owners, managers, or employees is under 21 years of age.
(5) The Applicant's facility or its location is in violation of any building, zoning, health, safety, or other provision of this Chapter or of any State or local law that substantially affects the public health, welfare, safety, or morals, or the facility or its location is not permitted in the proposed area, or the issuing or continuation of a Cannabis Permit would be contrary ro the public health, welfare, safety, or morals.
(6) The Applicant or any of its officers, directors, owners, managers, or employees has been sanctioned by the City, State, or any county for unauthorized cannabis activities or has had a registration revoked under this Chapter in the previous 3 years.
(7) The Applicant or the Applicant's agent(s) have engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. (8) The Applicant has not been or is not in good standing with the City related to other or previous business activities operated in the City. (9) The Applicant has not satisfied all requirement of this Chapter. (10) For Good Cause, as defined in this Chapter.
(b) A Cannabis Permit shall be awarded by the City to Applicants in accordance with the process established by the City Manager.
(c) Before a Cannabis Permit can be issued to an applicant, a Cannabis Permit fee must be paid to offset all related costs to the City, and the proposed Premises must pass all applicable inspections.
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(d) Each Cannabis Permit is subject to the conditions of approval in the applicable Development Agreement for the parcel of real property upon which the Premises is located.
(e) Each Cannabis Permit is subject to any additional conditions that may be applied by the City at the time of issuance or renewal as necessary to properly regulate the applicable Commercial Cannabis Activities and to protect the public. (f) Each Cannabis Permittee shall execute a Development Agreement with the City to, among other things, fully reimburse the City for all fiscal impacts, costs, expenses, fees, and attorneys' fees incurred by the City related to the Cannabis Permit and the related Commercial Cannabis Activity of such Cannabis Permittee.
(g) Each Cannabis Permittee shall:
(1) Carry liability insurance in the amounts and types set by the City Manager or the City Manager's designee, and name the City as an additional insured on all such insurance policies.
(2) Execute an Indemnification Agreement prepared by the City that fully indemnifies the City for all liabilities associated with the Cannabis Permit, the Cannabis Permittee's Commercial Cannabis Activities, and any action taken by the Cannabis Permittee pursuant to this Chapter. Such indemnification may be set forth in the applicable Development Agreement.
(3) Defend the City, at the Cannabis Permittee's sole expense, in any action against the City or its agents, officers, officials, or employees associated with the Cannabis Permit, the Cannabis Permittee's Commercial Cannabis Activities, or any action taken by the Cannabis Permittee pursuant to this Chapter. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve the Cannabis Permittee of its indemnification and reimbursement obligations. (4) Reimburse the City for all costs, expenses, fees, and attorney's fees incurred by the City related to any action against the City or its agents, officers, or employees associated with the Cannabis Permit, the Cannabis Permittee's Commercial Cannabis Activity, or any action taken by the Cannabis Permittee pursuant to this Chapter.
(h) A Cannabis Permittee shall keep the City and law enforcement updated with the names, addresses, and relevant criminal histories of the Applicant's Agents.
Relevant criminal histories shall include any drug-related or felony convictions, the nature of such offenses, and the sentences received for such convictions. (i) Transfer.
(1) Any Cannabis Permittee may not sell, transfer, pledge, assign, grant an option, or otherwise dispose of his or her ownership interest in the Commercial Cannabis Business authorized pursuant to the Cannabis Permit.
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(2) In order for a Cannabis Permittee to transfer its Cannabis Permit to any Person, such Cannabis Permittee must submit a transfer application to the City Manager or City Manager's designee. The City Manager or designee may create a transfer application and reasonable transfer application process, including mandatory fee, that Cannabis Permittees and the City must follow and pay for Cannabis Permit transfer requests. Each transfer request of a Cannabis Permit and the related transfer application is subject to the prior approval of the City Manager or designee. (3) Applicants for Cannabis Permits must show proof of lawful possession of the applicable location. Evidence of lawful possession consists of properly executed deeds of trust, leases, and other written instruments, as may be accepted by the City.
(4) The location shall only be the geographical area that is specifically and accurately described in executed documents verifying lawful possession.
No Cannabis Permittee is authorized to relocate to other areas or units within a building structure without first filing a change of location application and obtaining approval form the City regardless of any possessory interest or right to possession to such additional space. No Cannabis Permittee shall add additional contiguous units or areas, thereby altering initially-approved Premises without filing an application to modify the location on forms prepared by the City Manager, including any applicable processing fee.
(5) No Cannabis Permittee is authorized to sublet any portion of any Premises for any purpose unless all necessary forms and applications to modify the existing location to accomplish any subletting have been approved by the City.
(6) The City Manager shall develop and promulgate a process for the renewal of Cannabis Permits and the establish related fees, in accordance with applicable laws.
U) To the fullest extent permitted by law, the City does not assume any liability, and expressly does not waive sovereign immunity, with respect to any Commercial Cannabis Activities, or for the other activities of any Cannabis Permittee or for any other activities taking place at Premises. (k) Changing, Altering, or Modifying Location.
(1) After issuance of a Cannabis Permit, the Cannabis Permittee shall not make any physical change, alteration, or modification to the Premises that materially or substantially alters the location, production estimates, and/or usage of the location form the plans originally approved under the applicable Development Agreement, without the prior written approval of the City Council or designee. The Cannabis Permittee whose Premises are to be materially or substantially changed is responsible for filing an application with the City in order to obtain requisite approval.
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(2) Material or substantial changes, alterations, or modifications requiring approval include, but are not limited to, the following: (i) an increase or decrease in the total physical size or capacity of the location; (ii) the sealing off, creation of or relocation of a common entryway, doorway, passage, or other such means of public ingress and/or egress, when such common entryway, doorway, or passage alters or changes limited access areas; or (iii) the installation or replacement of electric fixtures or equipment, the lowering of a ceiling, or electrical modifications made for the purpose of increasing power usage ..
(3) The City Council or designee may grant approval for the types of changes, alterations, or modifications described herein upon the filing of an application by the Cannabis Permittee and payment of any applicable fee, subject to any requisite amendments to the applicable Development Agreement. The Cannabis Permittee must submit all information requested by the City Council or designee including, but not limited to, documents that verify the following: (i) the Cannabis Permittee will continue to have the exclusive possession of the Premises, as changed, by ownership, lease, rental agreement, or other means, and sole control over all activities; and (ii) the proposed change conforms to any and all City restrictions related to the time, manner, and place of regulation of the applicable Commercial Cannabis Activity.
(I) To the fullest extent permitted by law, the City does not assume any liability, and expressly does not waive sovereign immunity, with respect to any Commercial Cannabis Activities, or for the other activities of any Cannabis Permittee or for any other activities taking place at Premises.
5.20.080 Enforcement and Appeals.
(a) Any Commercial Cannabis Activity within the City in violation of this Chapter is hereby declared to be unlawful and a public nuisance. (b) Any Person who willfully or knowingly (i) engages in a violation of this Chapter or (ii) owns, possesses, controls, or has charge of any parcel of real property in the City upon which a violation of this Chapter is maintained and who has actual knowledge of such violation ( or would have actual knowledge of such violation after a reasonable inquiry), shall be subject to the penalties and remedies provided by this Chapter.
(c) Any violation of this Chapter shall constitute a separate offense for each and every day the violation occurs or persists.
(d) Any Person in violation of any provision of this Chapter or who causes another Person to be in violation of this Chapter shall have committed a misdemeanor. In addition which shall be punishable by a fine of up to one thousand dollars ($1,000) for each violation and for each day the applicable violation continues to persist.
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(e) Any person in violation of any provision of this Chapter shall be punishable by an administrative fine of up to a $1,000 per offense.
(f) Any material violation of this Chapter or any other relevant City law or State Law by a Cannabis Permittee, or a Cannabis Permittee's agent, is grounds for suspending or revoking the relevant Cannabis Permit. In addition, the City Manager or the City Manager's designee may suspend or revoke a Cannabis Permit, disqualify an Applicant from the application process, or elect not to renew a Cannabis Permit if any of the following occur:
(1) The City Manager or the City Manager's designee determines that the Cannabis Permittee has failed to comply with this Chapter, any condition of approval, or any agreement or covenant as required pursuant to this Chapter.
(2) The Cannabis Permittee's Commercial Cannabis Activities cease for more than ninety (90) calendar days.
(3) Ownership of the Cannabis Permittee is changed without approval from the City.
(4) The licensed Commercial Cannabis Activity moves from the licensed Premises to a different, unauthorized location.
(5) The Cannabis Permittee fails to provide remote access to the security cameras to the City Manager, the City Manager's designee, or Los Angeles County Sheriff's Department, or fails to allow inspection of the security recordings, the activity logs, or of the Premises by authorized City officials.
(g) Any decision regarding the suspension or revocation of a Cannabis Permit, disqualification of an Applicant from the application process, or election not to renew a Cannabis Permit may be appealed to an independent neutral third-party administrative hearing officer appointed by the City Manager or the City Manager's designee (the "Hearing Officer"). Said appeal shall be made by a notice of appeal from the Person appealing within thirty (30) days from the date of the City's decision. The appeal shall be accompanied by a written verified declaration setting forth the basis for the claim that the City's decision was improper. The Hearing Officer's decision shall be final and binding upon the City and the appellant Cannabis Permittee or Applicant. Alternatively, the City Manager may provide for the appeal to be made to the City Council, in lieu of a hearing officer. In such case, the City Council's decision shall be final and binding upon the City and the appellant.
(h) These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City.
5.20.090 State Medicinal License Requirement.
(a) Cannabis Permittees must obtain a State Medicinal License in accordance with State Law, including, but not limited, to the temporary and permanent State Medicinal Licenses provided for in MAUCRSA.
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(b) Each Cannabis Permittee must expeditiously provide proof of receipt of the applicable State Medicinal License by such Cannabis Permittee to the City Manager or designee.
5.20.100 Medicinal Cannabis Cultivation.
(a) Purpose. The purpose and intent of this Section is to permit and regulate the medicinal Cannabis Cultivation in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to State Law. (b) Scope; Medicinal Cannabis. This Section permits and regulates the medicinal Cannabis Cultivation pursuant to State Law, including MAUCRSA.
Subject to the terms of this Chapter, Cultivation Permits may be issued by the City for medicinal Cannabis Cultivation pursuant to and in accordance with State Law, including MAUCRSA.
(c) Outdoor Cultivation is prohibited within the City.
(d) Indoor Cultivation is permitted only on properties within the applicable Permit Zone with a valid Cultivation Permit and other requisite permits and entitlements. (e) Indoor Cultivation may include growing Cannabis plants, harvesting Cannabis plants, and drying Cannabis flowers but shall not include the Manufacturing or of Cannabis Products, unless otherwise authorized pursuant to this Chapter. (f) Entrance to the Cultivation area, and all storage areas, of the applicable Premises shall be locked at all times and under the control of the staff of such Premises.
5.20.110 Medicinal Cannabis Products Manufacturing.
(a) Purpose. The purpose and intent of this Section is to permit and regulate the medicinal Cannabis Products Manufacturing to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to State Law. (b) Scope; Medicinal Cannabis. This Section permits and regulates medicinal Cannabis Products Manufacturing pursuant to State Law, including MAUCRSA.
Subject to the terms of this Chapter, Manufacturing Permits may be issued by the City for medicinal Cannabis Products Manufacturing, pursuant to and in accordance with State Law, including MAUCRSA.
(c) Medicinal Cannabis Products Manufacturing is a permitted use only on properties within the applicable Permit Zone with a valid Cultivation Permit and other requisite permits and entitlements.
(d) A Manufacturing Permittee must employ at least one (1) member of its personnel dedicated full time to quality control.
(e) The Manufacturing Permittee must establish standard operating procedures and batch records that comply with current good manufacturing practices and applicable State Law, including MAUCRSA.
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(f) All Cannabis Products produced by a Manufacturing Permittee must be labeled in compliance with applicable State Law, including MAUCRSA. (g) All Cannabis Products produced by a Manufacturing Permittee must be packaged in child resistant containers prior to leaving the Premises fOf such Manufacturing Permittee in accordance with applicable State Law, including MAUCRSA.
(h) Manufacturing Permittees may conduct Manufacturing using any type of solvents, including Volatile Solvents, or Manufacturing processes if such Manufacturing complies with the requirements of this Chapter and State or local law, including but not limited to Health and Safety Code Section 11362.775 (or any successive State Law) all applicable fire and building codes in the City and any other laws of the City designed to ensure the safety of such operation. (i) Manufacturing Permittees using Volatile Solvents for Manufacturing Cannabis Products must operate in a manner to reduce the risk of explosion or danger to public health, including through the use of a close-loop · or solvent dispersion system consistent with the requirements of Health and Safety Code Section 11362.775 (or any successive State Law).
U) If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in California Fire Code Section 202, are to be used in the processing of medicinal Cannabis, then the provisions of California Fire Code Section 407 shall be applicable where hazardous materials are subject to permits under California Fire Code Section 50 (Hazardous Materials) are located on the Premises or where required by the applicable building or fire official.
(k) Storage, use, and handling of compressed gases in compressed gas containers, cylinders, tanks, and systems shall comply with California Fire Code Chapter 53. Partially full compressed gas containers, cylinders, or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with California Fire Code Chapter 50 for general requirements and California Fire Code Chapter 53 addressing specific hazards, including California Fire Code Chapter 58 (Flammable Gases), California Fire Code Chapter 60 (Highly Toxic and Toxic Materials), California Fire Code Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, and California Fire Code Chapter 64 (Pyrophoric Materials). Prevention, control, and mitigation of dangerous conditions related to storage, use, dispensing, mixing, and handling of flammable and combustible liquids shall be in accordance with California Fire Code Chapters 50 and 57.
(I) Labeling Requirements - Edibles.
(1) Before a Manufacturing Permittee prepares any edible Cannabis or edible Cannabis Product for retail sale, it shall be labeled and placed in tamperevident packaging which at least meets the requirements of State Law, including, but not limited to, MAUCRSA.
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(2) All items to be sold or distributed shall be individually wrapped at the original point of preparation by the Cannabis Permittee. (3) Labeling must include a warning if nuts or other known allergens are used, and must include the total weight (in ounces or grams) of Cannabis in the package, not to exceed ten (10) milligrams of tetrahydrocannabinol (THC) per serving.
(4) A warning that the item is a medication and not a food must be clearly legible on the front of the package and/or must comply with state packing requirements.
(5) The package must have a label warning that the product is to be kept away from children.
(6) The label must also state that the product contains Cannabis and must specify the date of Manufacture and the Manufacture Permittee's information, including, but not limited to, address, and phone number. (7) Distributions must be in a properly labeled opaque package when distributed.
(8) The City Manager, or designee, may impose additional packaging and labeling requirements on Cannabis or Cannabis Products.
5.20.120 Medicinal Cannabis and Cannabis Products Retail Delivery (Retail Delivery Only, Dispensaries Prohibited).
(a) Purpose. The purpose and intent of this Section is to regulate the Retail Delivery of medicinal Cannabis and Cannabis Products in order to promote the health, safety, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to the State Law. (b) Scope; Medicinal Cannabis Only. This Section permits and regulates the Retail Delivery of medicinal Cannabis and Cannabis Products pursuant to State Law, including MAUCRSA. Subject to the terms of this Chapter, Retail Delivery Permits may be issued by the City for the Retail Delivery of medicinal Cannabis and Cannabis Products pursuant to and in accordance with State Law, including MAUCRSA. The point-of-sale sale of Cannabis or Cannabis Products is strictly prohibited.
(c) Retail Delivery of Cannabis and Cannabis Products is a permitted use only on properties within the applicable Permit Zone with a valid Retail Delivery Permit and other requisite permits and entitlements.
(d) The Retail Delivery of medicinal Cannabis and Cannabis Products may only include the Retail Delivery of Cannabis and Cannabis Products by a Retail Delivery Permittee to a customer, patient or primary caregiver, in accordance with State Law, including MAUCRSA.
(e) Retail Delivery Permittees shall implement sufficient security measures to both deter and prevent unauthorized entrance into areas containing Cannabis
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and Cannabis Products and theft of Cannabis and Cannabis Products from the Retail Delivery Establishment or employees participating in Retail Delivery. (f) All Cannabis and Cannabis Products shall be stored in a secured and locked room, safe, or vault, and in a manner as to prevent diversion, theft, or loss. (g) Individuals shall not be allowed to remain on the Premises comprising of the Retail Delivery Establishment unless they are engaging in activity expressly related to the operations of the Retail Delivery Establishment or are a customer. (h) A Retail Delivery Permittee shall notify the City Manager or the City Manager's designee within 24 hours of discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the City Manager or the City Manager's designee.
(2) Diversion, theft, loss, or any criminal activity involving the Retail Delivery Establishment or any agent or employee of the Retail Delivery Establishment.
(3) The loss or unauthorized alteration of records related to Cannabis, Cannabis Products, registered qualifying patients, primary caregivers, or Retail Delivery Establishment agents or employees.
(4) Any other material breach of security.
(i) The Retail Delivery of medicinal Cannabis and Cannabis Products shall comply with all State and local Law, including all laws requiring presentment of government-issued identification card, physician's recommendation, or medicinal Cannabis identification card at the time of initial purchase.
U) With respect to medicinal Cannabis, physicians' recommendations for medicinal cannabis use shall be verified by a Retail Delivery Permittee prior to the Retail Delivery any medicinal Cannabis to a qualified patient or primary caregiver and at least every six months thereafter.
(k) A Retail Delivery Establishment may not employ or enter into any agreements with any physicians who recommend medicinal Cannabis; Physician Services are prohibited from any and all Retail Delivery Establishments. (I) A Retail Delivery Permittee shall inspect all Cannabis and Cannabis Products received for quality assurance prior to the Retail Delivery to any Person. (m) The Retail Delivery of Cannabis and Cannabis Products shall occur only after such Cannabis and Cannabis Products have been inspected and quality tested in accordance with applicable State Law, including MAUCRSA. (n) Each Retail Delivery Establishment shall do regular monthly inventories and record the total quantity of Cannabis and Cannabis on the Premises. These records shall be maintained for three years from the date created and shall be open to inspection by the City Manager, the City Manager's Designee, and law enforcement.
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(o) A Retail Delivery Permittee shall register with the City each location where Cannabis or Cannabis Products are stored for purposes of Retail Delivery by such Retail Delivery Permittee within the City.
(p) A Retail Delivery Establishment shall maintain customer and patient and other business records in a secure location (including electronically or cloud-based) j. that is compliant with, as applicable, HIPAA and other federal and state privacy laws.
(q) During the Retail Delivery of Cannabis or Cannabis Products, each vehicle driver shall carry a copy of the Retail Delivery Permit, a copy of the Retail Delivery request, a form of government-issued identification, and all other information required by State and local Law. The driver shall present these documents upon the request of law enforcement, the City Manager, or the City Manager's designee.
(r) Prior to Retail Delivery of Cannabis and Cannabis Products, such Cannabis and Cannabis Products shall be labeled and placed in a tamper-evident package.
Labels and packages of Cannabis and Cannabis Products shall, at minimum, meet the requirements specified under State Law, including MAUCRSA. (s) All Retail Delivery vehicles shall:
(1) Be equipped with, and utilize, a vehicle alarm system. (2) Have and utilize a direct communication system with the related Retail Delivery Establishment.
(3) Keep all Cannabis and Cannabis Products in a secure and locked container.
(4) Have an internal partition between the driver and all passengers from the Cannabis and Cannabis Products storage containers that prevents access by the driver and passengers to all cannabis products from inside the vehicle.
(5) Not carry more Cannabis and Cannabis Products than allowed by State and local Law and required to fulfill all immediate Retail Delivery requests (6) Not display any logo, signage, or other information that identifies, advertises, or lists the services or the products offered.
5.20.130 Medicinal Cannabis and Cannabis Products Distribution. (a) Purpose. The purpose and intent of this Section is to permit and regulate the Distribution of Cannabis and Cannabis Products between Cannabis Permittees in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to State Law.
(b) Scope; Medicinal Cannabis Only. This Section permits and regulates the Commercial Cannabis Activity of Distribution of medicinal Cannabis and Cannabis Products pursuant to State Law, including MAUCRSA. Subject to the terms of this Chapter, Distribution Permits may be issued by the City for the
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Distribution of medicinal Cannabis and Cannabis Products pursuant to and in accordance with State Law, including MAUCRSA. Distribution of Cannabis and Cannabis Products requires a Development Agreement with the City and must be located within the applicable Permit Zone. -,
(c) Distribution activities includes the receiving and releasing of Cannabis and Cannabis Products for inspection, Testing, and quality assurance, as required under applicable State Law and such other activities as are permitted pursuant to State Law.
(d) A Distribution Permittee shall only Distribute Cannabis and Cannabis Products between Cannabis Permittees or to facilities or portions of facilities wholly controlled by such Distribution Permittee to the extent permitted by State Law.
(e) A Distribution Permittee shall inspect all Cannabis and Cannabis Products received by it for quality assurance prior to Distributing to any Cannabis Permittee, as required under applicable State Law.
(f) In addition to the application requirements in Section 0, a Distribution Permittee shall register with the City each location within the City where Cannabis and Cannabis Products are stored for purposes of Distribution activities within the City.
(g) A Distribution Permittee shall Distribute Cannabis and Cannabis Products to Cannabis Permittees only after such Cannabis and Cannabis Products have been inspected and quality tested in accordance with applicable State Law, including MAUCRSA.
(h) A Distribution Permittee may also hold any other Permit type to the extent permitted by State Law. To the extent permitted by State law, a Distribution Permittee that also holds another Permit type may self-distribute its Cannabis Products.
5.20.140 Medicinal Cannabis and Cannabis Products Microbusiness. (a) Purpose. The purpose and intent of this Section is to permit and regulate the medicinal Cannabis and Cannabis Products Microbusiness in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to State Law, including MAUCRSA.
(b) Scope; Medicinal Cannabis Only. This Section permits and regulates Microbusinesses, pursuant to State Law, including MAUCRSA. Subject to the terms of this Chapter, Microbusiness Permits may be issued by the City pursuant to and in accordance with State Law, including MAUCRSA. (c) All Microrobusinesses shall require a Development Agreement with the City and must be located within the applicable Permit Zone.
(d) All components of a Microbusiness (i.e., Cultivation, Manufacturing, etc.) must be in compliance with the provisions of this Chapter and State Law, including MAUCRSA.
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(e) The City may authorize the smoking, vaporizing, and ingestion of Cannabis or Cannabis Products on the Premises of a Microbusiness if all of the following are met:
(1) Access to the area where Cannabis consumption is allowed is restricted to persons 21 years of age and older.
(2) Cannabis consumption is not visible from any public place or nonagerestricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the Premises.
5.20.140 Medicinal Cannabis and Cannabis Products Testing. (a) Purpose. The purpose and intent of this Section is to permit and regulate the Testing of medicinal Cannabis and Cannabis Products in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City intends to be on the forefront of medicinal Cannabis research and Testing. The City is authorized to regulate this activity pursuant to State Law.
(b) Scope; Medicinal Cannabis Only. This Section permits and regulates Cannabis and Cannabis Products Testing, pursuant to State Law, including MAUCRSA. Subject to the terms of this Chapter, Testing Permits may be issued by the City for the Testing of medicinal Cannabis and Cannabis Products pursuant to and in accordance with State Law, including MAUCRSA. (c) Testing of Cannabis and Cannabis Products requires a Development Agreement with the City and must be located within the applicable Permit Zone. (d) Each Testing Permittee must employ at least one (1) full time quality control personnel employee.
(e) Testing Permittees must operate, and all Cannabis and Cannabis Products must be properly tested by Testing Permittees, in accordance with applicable State Law.
(f) All Testing devices used by a Testing Permittee must be "UL listed," and/or otherwise approved for the intended use by the City's Building Official, the Fire Department or other person designated by the City Manager or designee. (g) Each Testing Permittee must notify the State Department of Public Health and the City Manager, or the City Manager's designee, within one business day after the receipt of notice of any kind that its accreditation has been denied, suspended, or revoked.
SECTION 10. Recognizing that there is a potential conflict between federal and State law, it is the City Council's intention that this Ordinance shall be deemed to comply with applicable State Law and shall defer to such applicable State Law through preemption.
SECTION 11. The City Council determines that it is in the best interest of the residents of the City to allow Commercial Cannabis Activities in compliance with applicable State Law, including MAUCRSA, to be established and operated as permitted uses within certain areas of the City subject to the regulations and restrictions provided in this
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Ordinance. It is the City Council's intention that nothing in this Ordinance shall be construed to:
1. Allow a Person to engage in conduct that endangers others or causes a public nuisance.
2. Allow any activity relating to Cannabis that is otherwise not permitted under State law.
SECTION 12. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act pursuant to Section 15061 (b )(3) and 15305 of the Guidelines, in that the Ordinance alone does not have the potential for causing a significant effect on the environment. Further permits and approvals will be required before any activity that will affect the environment will be permitted. In addition, Business and Professions Code Section 26055 exempts local ordinances from CEQA that authorizes commercial cannabis activity through discretionary review and approval.
SECTION 13. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.
SECTION 14. By regulating Commercial Cannabis Activity, the City is only undertaking to preserve the general welfare through implementing the MAUCRSA. The City Council is not assuming, nor is it imposing on its officers and employees, an obligation for which a breach thereof would expose the City to liability in money damages to any Person who claims that such breach proximately caused injury. To the fullest extent permitted by law, the City shall assume no liability whatsoever, and expressly does not waive sovereign immunity, with respect to any provision of this Ordinance or for the activities of any Cannabis Permittee. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this Ordinance shall not become a personal liability of any public officer or employee of the City. Nothing in this Ordinance shall be deemed or considered in any respects to constitute authorization to violate any law.
SECTION 15. Inconsistent Provisions. Any provision of the Cudahy Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.
SECTION 16. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subs,ection, subdivision, paragraph, sentence, clause or phrase thereof,
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irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
SECTION 17. Publication and Effective Date. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in a newspaper of general circulation within fifteen (15) days after its adoption. This Ordinance shall become effective thirty (30) days after adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at the / ." ,_, regular meeting of this 11th day of September, 2017. ,.,_,,,_ /4. ~VY
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CUDAHY
)
)
)
SS:
Chris Garcia
Mayor
I, Richard Iglesias, Deputy City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 673 was introduced for a first reading on the 14th day of August 2017 and approved for a second reading and adopted by said Council at its regular meeting held on the 11th day of September, 2017 by the following vote, to-wit:
AYES: Markovich, Hernandez, Garcia
)
I
l
NOES: Guerrero
ABSTAIN: None
ABSENT: Sanchez
.. --;' ~ j ~~----'~ -
Richard lgles~a~ / 7 · · · ·-:---___ __
Deputy City B r:I<
51 of 385 ATTACHMENT F Page 3031 of 3559
EXHIBIT "A": OVERLAY ZONE
IIABI! NA~ l'!ATIJRl!B
,-.... I._.J Cuclohy Boundary
-Railroad, EXISTING ZONING - Boundaries of Overlay Zone .,r Portion of High Density Residential Zone which shall be available for Medicinal Commercial Cannabis Activity upon rezoning by the City Council by General Plan Amendment, Zoning Map Amendment, or other means.
CUDAHY GENERAL PLAN
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ATTACHMENT B.
City Council Resolution No. 18-65
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RESOLUTION NO. 18-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, APPROVING THE ISSUANCE OF
COMMERCIAL CANNABIS PERMIT NO. CCP18-0015 TO STAPLE
ROOM, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code (the Development Agreement Statute"); and
WHEREAS, the Development Agreement Statute authorizes the City to enter into a property development agreement with any person having legal or equitable interest in real property for the development of such property in order to establish certain development rights; and WHEREAS, in accordance with California law, the City of Cudahy has adopted Municipal Code Chapter 20.28 (Development Agreements) [Renumbered as Part 9 of the Zoning Code §20.84.530-20.84.640 adopted by the City Council on 7/17/18] establishing the procedures and requirements for the consideration of development agreement with the City; and WHEREAS, on September 11, 2017, the City Council for the City of Cudahy passed Ordinance No. 673 establishing regulations and a discretionary review process for the allowance of medicinal-only commercial cannabis activities (cultivation, distribution, manufacturing, deliveries, micro-business and laboratory testing) in a specified Overlay Zone through a development agreement; and
WHEREAS, all procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have been satisfied. The City has found that the proposed Project is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15301 – Existing Facilities.
This exemption applies to projects characterized as alterations to existing facilities meeting the conditions described in Section 15301;
WHEREAS, the City of Cudahy Planning Commission ("Planning Commission") conducted a properly noticed public hearing to consider approval of a Commercial Cannabis Permit and a Development Agreement, at which testimony and evidence, both written and oral, were presented to and considered by the Planning Commission; and WHEREAS, the City Council shall approve a development agreement by ordinance; and WHEREAS, subsequent to review of the matter by the Planning Commission, the City Council conducted a properly noticed public hearing to consider the approval of a Commercial Cannabis Permit No. CCP18-0015 and Development Agreement(s) No. DA#18-015C [STAPLE ROOM, LLC], at which testimony and evidence, both written and oral, were presented to and considered by the City Council.
54 of 385 ATTACHMENT F Page 3034 of 3559
NOW THEREFORFE, THE CITY COUNCIL OF THE CITY OF CUDAHY
DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.
SECTION 2. APPROVAL OF COMMERCIAL CANNABIS PERMIT
That the City Council hereby approves Commercial Cannabis Permit No. CCP 18-0015, subject to the terms and conditions stated therein, to allow a Commercial Cannabis Facility for the Site located at: 4931 Cecelia Street, City of Cudahy, CA. A copy of the permit is attached hereto and incorporated herein by this reference as Exhibit "A." The Commercial Cannabis Permit shall be issued upon execution by the City of a Development Agreement for the Site.
SECTON 3. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 18th day of December 2018.
Chris Garcia
Mayor
ATTEST:
Richard Iglesias
Deputy City Clerk
55 of 385 ATTACHMENT F Page 3035 of 3559
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, Deputy City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 18-65 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 18th day of December, 2018, and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Richard Iglesias
Deputy City Clerk
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ATTACHMENT F
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ATTACHMENT F
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ATTACHMENT F
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ATTACHMENT F
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ATTACHMENT F
ATTACHMENT C.
CCP18-0015 Conditions of Approval
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CONDITIONS OF APPROVAL – EXHIBIT F
COMMERCIAL CANNABIS PERMIT NO, CCP18-0015
DEVELOPMENT AGREEMENT NO. DA18-015C
4931 CECILIA STREET – STAPLE ROOM LLC
GENERAL CONDITIONS OF APPROVAL
Condition of Approval No. 1 - Financial Responsibility for Compliance Monitoring and Enforcement
a. Cost Responsibilities: The Permittee shall bear the full costs of all City staff time, materials, and City-retained consultants associated with condition compliance review and monitoring, CEQA mitigation monitoring, other permit monitoring programs, and enforcement activities, actions, and processes conducted pursuant to the City of Cudahy Municipal Code (§ 5.20.060) related to this Commercial Cannabis Permit (CCP) and Development Agreement (DA). Such condition compliance review, monitoring and enforcement activities may include (but are not limited to): periodic site inspections; preparation, review, and approval of studies and reports; review of permit conditions and related records; enforcement hearings and processes; drafting and implementing compliance agreements; and attending to the modification, suspension, or revocation of permits. Costs will be billed at the rates set forth in the Planning Division or other applicable City Fee Schedule, and at the contract rates of City-retained consultants, in effect at the time the costs are incurred.
Establishment of Compliance Account: Within 10 calendar days of the effective date of the final decision approving this CCP, the Permittee shall submit a new, updated, and completed reimbursement agreement for Condition Compliance Case No. CCP18-0015 in a form provided by the City, obligating the Permittee to pay all condition compliance review, monitoring, and enforcement costs, and any civil administrative penalties, subject to the Permittee’s right to challenge all such charges and penalties prior to payment.
b. Billing Process: The Permittee shall pay all City invoices within 30 days of receipt thereof. Failure to timely pay an invoice shall subject the Permittee to late fees and charges set forth in the City Fee Schedule, and shall be grounds for suspension, modification, or revocation of this CCP. The Permittee shall have the right to challenge any charge or penalty prior to payment.
63 of 385 ATTACHMENT F Page 3043 of 3559
Condition of Approval No. 2 - Defense and Indemnification a. The Permittee shall defend, at the Permittee's sole expense with legal counsel acceptable to the City, against any and all claims, actions, or proceedings against the City, any other public agency with a governing body consisting of the members of the City Board of Supervisors, or any of their respective board members, officials, employees and agents (collectively, “Indemnified Parties”) arising out of or in any way related to the City’s issuance, administration, or enforcement of this CUP. The City shall promptly notify the Permittee of any such claim, action or proceeding and shall cooperate fully in the defense.
b. The Permittee shall also indemnify and hold harmless the Indemnified Parties from and against any and all losses, damages, awards, fines, expenses, penalties, judgments, settlements, or liabilities of whatever nature, including but not limited to court costs and attorney fees (collectively, “Liabilities”), arising out of or in any way related to any claim, action or proceeding subject to subpart (a) above, regardless of how a court apportions any such Liabilities as between the Permittee, the City, and/or third parties.
c. Except with respect to claims, actions, proceedings, and Liabilities resulting from an Indemnified Party’s sole active negligence or intentional misconduct, the Permittee shall also indemnify, defend (at Permittee’s sole expense with legal counsel acceptable to City), and hold harmless the Indemnified Parties from and against any and all claims, actions, proceedings, and Liabilities arising out of, or in any way related to, the construction, maintenance, land use, or operations conducted pursuant to this CCP, regardless of how a court apportions any such Liabilities as between the Permittee, the City, and/or third parties. The City shall promptly notify the Permittee of any such claim, action, or proceeding and shall cooperate fully in the defense.
d. Neither the issuance of this CCP, nor compliance with the conditions hereof, shall relieve the Permittee from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of this CCP serve to impose any liability upon the Indemnified Parties for injury or damage to persons or property.
Condition of Approval No. 3 Relationship of CCP Conditions, Laws, and Other Entitlements
The Permittee shall implement the Project in compliance with all applicable requirements and enactments of federal, state, and local authorities. In the event of conflict between various requirements, the more restrictive requirements shall apply. In the event the City Manager determines that any CCP condition contained herein is in conflict with any other CPP condition contained herein, when principles of law do not provide to the contrary, the 64 of 385 ATTACHMENT F Page 3044 of 3559
CCP condition most protective of public health and safety and environmental resources shall prevail to the extent feasible.
No condition of this CCP for uses allowed by the City Municipal Code shall be interpreted as permitting or requiring any violation of law, lawful rules, or regulations, or orders of an authorized governmental agency. Neither the approval of this CPP, nor compliance with the conditions of this CPP, shall relieve the Permittee from any responsibility otherwise imposed by law for damage to persons or property.
The Permittee shall obtain a business tax certificate and regulatory licenses for the operation of Commercial Cannabis operations.
Condition of Approval No. 4 - Contact Person
PURPOSE: To establish a contact person responsible for responding to City and/or community complaints.
The Permittee shall designate a contact person(s) to respond to complaints from citizens and the City which are related to the permitted uses of this CUP.
The Permittee shall provide the City with the contact information (e.g., name and/or position title, address, business and cell phone numbers, and email addresses) of the Permittee’s Community Agent who receives all orders, notices, and communications regarding matters of condition and code compliance at the Project site.
Timing: Prior to the issuance of a Zoning Clearance for use inauguration, the Permittee shall provide the Planning Division the contact information of the Permittee’s field agent(s) for the Project file. If the address or phone number of the Permittee’s field agent(s) should change, or the responsibility is assigned to another person, the Permittee shall provide Planning Division staff with the new information in writing within three calendar days of the change in the Permittee’s field agent.
The Planning Division maintains the contact information provided by the Permittee in the Project file. The Planning Division has the authority to periodically confirm the contact information consistent with the requirements of this permit.
Condition of Approval No. 5 - Resolution of Complaints
PURPOSE: To establish a process to resolve complaints.
The following process shall be used to resolve complaints related to the Project:
a. The Permittee shall post the telephone number for the designated Contact Person as identified pursuant to Condition No. 4 in a visible location on the site. The Contact Person shall be available via telephone on a 24-hour basis. Persons with 65 of 385 ATTACHMENT F Page 3045 of 3559
concerns about an activity as it is occurring may directly contact the Contact Person;
b. If City staff receives a written complaint about the Project, the City Manager, or his designee, may contact the Permittee’s Contact Person or the Permittee to request information regarding the alleged violation; and
c. If, following a complaint investigation by City staff, a violation of the City Municipal Code or a condition of this CCP is confirmed, City staff may initiate enforcement actions, in accordance with City Municipal Code.
Condition of Approval No. 6 - Reporting of Major Incidents PURPOSE: To ensure that the Planning Director is notified of major incidents associated with, or resulting from, the Project, he Permittee shall immediately notify the Planning Director by telephone, email, FAX, and/or voicemail of any incidents (e.g., fires, explosions, spills, landslides, or slope failures) that could pose a hazard to life or property inside or outside the Project Site.
Upon request of any City, County or State regulatory agency, the Permittee shall provide a written report of any incident that shall include, but not limited to: a description of the facts of the incident; the corrective measures used, if any; and the steps taken to prevent a recurrence of the incident.
Timing: The Permittee shall provide the written report to the requesting agency and Planning Division within seven days of receiving the request.
The Planning Division maintains any documentation provided by the Permittee related to major incidents in the Project file.
Condition of Approval No. 7 - Change of Permittee
To ensure that the Planning Division is properly and promptly notified of any change of Permittee, the Permittee shall file, as an initial notice with the Planning Director, the new name(s), address(es), telephone/FAX number(s), and email addresses of the new owner(s), lessee(s), operator(s) of the permitted uses, and the company officer(s). The Permittee shall provide the Planning Director with a final notice once the transfer of ownership and/or operational control has occurred.
The initial notice must be submitted with the new Permittee’s contact information. The final notice of transfer must include the effective date and time of the transfer and a letter signed by the new Property Owner(s), lessee(s), and/or operator(s) of the permitted uses acknowledging and agreeing to comply with all conditions of this CCP. 66 of 385 ATTACHMENT F Page 3046 of 3559
Timing: The Permittee shall provide written notice to the Planning Director 10 calendar days prior to the change of ownership or change of Permittee. The Permittee shall provide the final notice to the Planning Director within 15 calendar days of the effective date of the transfer.
The Planning Division maintains notices submitted by the Permittee in the Project file and has the authority to periodically confirm the information consistent with the requirements of this permit.
COMMERCIAL CANNABIS PRODUCTS MANUFACTURING (ORD. 673, SEC
5.20.110)
PURPOSE: The purpose and intent of this Section is to permit and regulate the commercial Cannabis Products Manufacturing to promote the health, safety, morals, and general welfare of the resident and businesses within the City. The City is authorized to regulate this activity pursuant to State Law.
Condition of Approval No. 8 – Manufacturing Operating Fees.
Operator/Permittee must pay all operating fees as stipulated within Development Agreement No. DA18-015C.
Condition of Approval No. 9 – Manufacturing Properties.
Commercial Cannabis Products Manufacturing is a permitted use only on properties within the applicable Permit Zone with a valid Cultivation Permit and other requisite permits and entitlements.
Condition of Approval No. 10 – Quality Control Employee.
The Permittee must employ at least one (1) member of its personnel dedicated full time to quality control.
Condition of Approval No. 11 – Standard Operating Procedures and Batch Record.
The Manufacturing Permittee must establish standard operating procedures and batch record that comply with current good manufacturing practices and applicable State Law, including MAUCRSA.
Condition of Approval No. 12 – Labeling and Packaging.
a) All Cannabis Products produced by a Manufacturing Permittee must be packaged in child resistant containers prior to leaving the Premises for such Manufacturing Permittee in accordance with applicable State Law, including MAUCRSA. b) All Cannabis Products produced by a Manufacturing Permittee must be labeled in compliance with applicable State Law, including MAUCRSA. c) Labeling Requirements – Edibles
i. Before a Manufacturing Permittee prepares any edible Cannabis or edible Cannabis Product for retail sale, it shall be labeled and placed in tamper67 of 385 ATTACHMENT F Page 3047 of 3559 evident packaging which at least meets the requirements of State Law, including, but not limited to, MAUCRSA.
ii. All items to be sold or distributed shall be individually wrapped at the original point of preparation by the Cannabis Permittee.
iii. Labeling must include a warning if nuts or other known allergens are used, and must include the total weight (in ounces or grams) of Cannabis in the package, not to exceed ten (10) milligrams of tetrahydrocannabinol (THC) per serving.
iv. A warning that the item is a medication and not a food must be clearly legible on the front of the package and/or must comply with state packing requirements.
v. The package must have a label warning that the product is to be kept away from children.
vi. The label must also state that the product contains Cannabis and must specify the date of Manufacture and the Manufacture Permittee’s information, including, but not limited to, address, and phone number. vii. Distribution must be in a properly labeled opaque package when distributed. viii.The City Manager, or designee, may impose additional packaging and labeling requirements on Cannabis or Cannabis Products.
Condition of Approval No. 13 – Use of Solvents.
a) Manufacturing Permittees may conduct Manufacturing using any type of solvents, including Volatile Solvents, or Manufacturing processes if such Manufacturing complies with the requirements of this Chapter and State or local law, including but not limited to Health and Safety Code Section 11362.775 (or any successive State Law) all applicable fire and building codes in the City and any other laws of the City designed to ensure the safety of such operation.
b) Manufacturing Permittees using Volatile Solvents for Manufacturing Cannabis Products must operate in a manner to reduce the risk of explosion or danger to public health, including through the use of a close-loop or solvent dispersion system consistent with the requirements of Health and Safety Code Section 11362.775 (or any successive State Law).
Condition of Approval No. 14 – Use of Hazardous and Flammable Materials.
If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in California Fire Code Section 202, are to be used in the processing of commercial Cannabis, then the provisions of California Fire Code Section 407 shall be applicable where hazardous materials are subject to permits under California Fire Code Section 50 (Hazardous Materials) are located on the Premises or where required by the applicable building or fire official.
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Timing: Prior to the issuance of a Temporary/Certificate of Occupancy, the Permittee must obtain LA County Fire Approval for site design, water and access, and hazardous materials.
Condition of Approval No. 15 – Compressed Gases.
Storage, use, and handling of compressed gases in compressed gas containers, cylinders, tanks, and systems shall comply with California Fire Code Chapter 53. Partially full compressed gas containers, cylinders, or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with California Fire Code Chapter 50 for general requirements and California Fire Code Chapter 53 addressing specific hazards, including California Fire Code Chapter 58 (Flammable Gases), California Fire Code Chapter 60 (Highly Toxic and Toxic Materials), California Fire Code Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, and California Fire Code Chapter 64 (Pyrophoric Materials). Prevention, control, and mitigation of dangerous conditions related to storage, use, dispensing, mixing, and handling of flammable and combustible liquids shall be in accordance with California Fire Code Chapters 50 and 57.
Timing: Prior to the issuance of a Temporary/Certificate of Occupancy, the Permittee must obtain LA County Fire Approval for site design, water and access, and hazardous materials.
COMMERCIAL CANNABIS AND CANNABIS PRODUCTS DISTRIBUTION (ORD. 673, SEC 5.20.130)
PURPOSE: The purpose and intent of this Section is to permit and regulate the Distribution of Cannabis and Cannabis Products between Cannabis Permittees in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to State Law.
Condition of Approval No. 16 - Distribution Operating Fees.
Operator/Permittee must pay all operating fees as stipulated within Development Agreement No. DA18-015C.
Condition of Approval No. 17 – Distribution Development Agreement and Location.
Distribution of Cannabis and Cannabis Products requires a Development Agreement with the City and must be located within the applicable Permit Zone.
Condition of Approval No. 18 - Distribution Activities.
Distribution activities includes the receiving and releasing of Cannabis and Cannabis Products for inspection, Testing, and quality assurance, as required under applicable State Law and such other activities as are permitted pursuant to State Law. 69 of 385 ATTACHMENT F Page 3049 of 3559
Condition of Approval No. 19 – Distribution Customers.
A Distribution Permittee shall only Distribute Cannabis and Cannabis Products between Cannabis Permittees or to facilities or portions of facilities wholly controlled by such Distribution Permittee to the extent permitted by State Law.
Condition of Approval No. 20 – Distribution Quality Assurance. a) A Distribution Permittee shall inspect all Cannabis and Cannabis Products received by it for quality assurance prior to Distributing to any Cannabis Permittee, as required under applicable State Law.
b) A Distribution Permittee shall Distribute Cannabis and Cannabis Products to Cannabis Permittees only after such Cannabis and Cannabis Products have been inspected and quality tested in accordance with applicable State Law, including MAUCRSA.
Condition of Approval No. 21 – Distribution Registration.
A Distribution Permittee shall register with the City each location within the City where Cannabis and Cannabis Products are stored for purposes of Distribution activities within the City.
Condition of Approval No. 22 – Multiple Permit Types.
A Distribution Permittee may also hold any other Permit type to the extent permitted by State Law. To the extent permitted by State law, a Distribution Permittee that also holds another Permit type may self-distribute its Cannabis Products.
OTHER OPERTIONAL CONDITIONS
PURPOSE: To ensure compliance with all applicable City, State and other regulatory agency requirements.
Condition of Approval No. 23 – Final Floor Plan Approval Permittee must submit to and obtain approval from the City Manager, or his designee, on all proposed Final Floor Plans. All Final Floor Plans shall be stamped and dated by the Planning Department. Changes to the floor plan design or other elements (including, but not limited to security, fire or hazmat details) require administrative approval by the Planning Department, prior to any construction activity or Building Permit Issuance.
Timing: Prior to Zoning Clearance for Use Inauguration, Permittee shall prepare and submit a Final Floor Plan which demonstrates compliance with all City and State Commercial Cannabis regulations.
Condition of Approval No. 24 – Payment of Development Agreement Fees 70 of 385 ATTACHMENT F Page 3050 of 3559
Operator(s) must pay all required DA fees in accordance with DA terms. Failure to pay fees, as assessed by the City Manager, will constitute a breach of the DA and may result in suspension or immediate revocation of the DA.
Condition of Approval No. 25 – Additional Plans and Approvals Purpose: To ensure all Commercial Cannabis facilities meet the development standards of the zoning code, policies, goals and programs of the general plan and City economic development activities—including City beautification and future public improvement projects.
i. Landscape Plan – The Operator must submit a landscaping plan, designed by a licensed landscape architect or arborist. The plan must include a fivefoot landscaped dedication measured from the property line, as illustrated on the approved Site Plan. The plan must include drought tolerant desert plants, approved by the City.
ii. Fencing Plan – Fencing must be provided along the front perimeter of all Commercial Cannabis facilities. Fencing may be constructed between 8 feet and 10 feet in the front and up to 15 feet in the back.
Materials: Corrugated metal, wrought iron, concrete and block wall are all allowed materials. Alternative materials may be allowed with City approval. Chain-link and razor wire are strictly prohibited.
Fences may be required to be constructed 5 feet from the property line to allow for future City improvements. All fencing plans must be submitted to and approved by the City prior to construction. iii. Façade Improvement Plan - All new Commercial Cannabis facilities must submit a Façade Improvement Plan for City approval. The plan must include new paint, siding or other building improvement materials, in a color scheme approved by the City. Plans must also include new paving, as needed, parking striping, and other site improvements, as determined by the City.
iv. LA County Public Health Permit – The Operator must submit obtain a Cannabis Public Health Permit from the Los Angeles County Public Health. v. City Business License – All operators must file for a City business license to conduct business within the City, pay all required business license fees and obtain a City Business License prior to conducting sales transactions in the City.
Condition of Approval No. 26 – Site Maintenance
PURPOSE: To ensure that the Project site is maintained in a neat and orderly manner so as not to create any hazardous conditions or unsightly conditions which are visible from outside of the Project site.
The Permittee shall maintain the Project site in a neat and orderly manner, and in compliance with the Project description. Only equipment and/or materials which the City 71 of 385 ATTACHMENT F Page 3051 of 3559
Manager, or his designee, determines to substantially comply with the Project description shall be stored within the Project site during the life of the Project.
The Permittee shall maintain the Project site in compliance with Condition No. 1 and the approved plans for the Project.
Monitoring and Reporting: The City Building Inspector, City Cannabis Enforcement staff, or Planning Department staff have the authority to conduct periodic site inspections to ensure the Permittee’s ongoing compliance with this condition.
Condition of Approval No. 27 – Commercial Cannabis Permit (CCP) Modification Prior to undertaking any operational or construction-related activity which is not expressly described in these conditions, the Permittee shall first contact the City Manager, or his designee, to determine if the proposed activity requires a modification of this CCP. The City Manager may, at his sole discretion, require the Permittee to file a written and/or mapped description of the proposed activity in order to determine if a permit modification is required.
Condition of Approval No. 28 - Construction Activities
Prior to any construction, the Permittee shall obtain a Zoning Clearance for construction from the Planning Division and a Building Permit from the Building and Safety Division.
Condition of Approval No. 29 - Acceptance of Conditions and Schedule of Enforcement Responses
The Permittee’s acceptance of this CCP and/or commencement of construction and/or operations under this CCP shall constitute the Permittee’s formal agreement to comply with all conditions of this CCP. Failure to abide by and comply with any condition of this CCP shall constitute grounds for enforcement action provided in the City Municipal Code which shall include, but is not limited to, the following:
a. Public reporting of violations to the Planning Commission and/or City Council; b. Suspension of the permitted land uses;
c. Modification of the CCP conditions listed herein;
d. Recordation of a “Notice of Noncompliance” on the deed to the subject property; e. The imposition of civil administrative penalties; and/or f. Revocation of this CUP.
The Permittee is responsible for being aware of and complying with the CCP conditions and all applicable federal, state, and local laws and regulations. In the event of any actual and direct conflict between these Conditions of Approval and the terms of the approved Development Agreement, the terms of the Development Agreement shall control and take precedence.
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Condition of Approval No. 30. - Time Limits
A. Use inauguration: The approval decision for this CCP becomes effective upon the expiration of the 15-day appeal period following the approval decision, or when any appeals of the decision are finally resolved. Once the approval decision becomes effective, the Permittee must obtain a Zoning Clearance for Use Inauguration in order to initiate the land uses set forth herein. i. This CCP shall expire and become null and void if the Permittee fails to obtain a Zoning Clearance for use inauguration within 90 days –from the date the approval decision of this CCP becomes effective. The City Manager may grant an extension of time to the Permittee in order to obtain the Zoning Clearance for use inauguration if the Permittee can demonstrate to the satisfaction of the City Manager that the Permittee has made a diligent effort to implement the Project, and the Permittee has requested the time extension in writing at least 30 days prior to 90- day expiration date.
ii. Within 90 days of the permit effective date, the Permittee must complete construction of Phase I, as indicated on the approved Final Floor plan and obtain a Temporary Certificate of Occupancy from the City Building Department. The City Manager may grant an extension of time to the Permittee to obtain the Zoning Clearance for use inauguration if the Permittee can demonstrate to the satisfaction of the City Manager that the Permittee has made a diligent effort to implement the Project iii. Within 180 days of the permit effective date, the Permittee must complete all Tenant Improvements and construction as indicated on the approved Final Floor Plan and obtain a Certificate of Occupancy from the City Building Department. The City Manager may grant an extension of time to the Permittee to obtain the Zoning Clearance for construction if the Permittee can demonstrate to the satisfaction of the City Manager that the Permittee has made a diligent effort to implement the Project.
iv. Prior to the issuance of the Zoning Clearance for construction or use inauguration, all fees and charges billed to that date by the City, as well as any fines, penalties, and sureties, must be paid in full. After issuance of the Zoning Clearance for Use Inauguration, any final billed processing fees must be paid within 30 days of the billing date or the City may revoke this CCP.
B Permit Life or Operations Period: This CCP will expire on November 19, 2028.
However, the Development Agreement contains terms and conditions for 73 of 385 ATTACHMENT F Page 3053 of 3559
extending operations for an additional 10 years. The lack of additional notification of the expiration date provided by the City to the Permittee shall not constitute grounds to continue the uses that are authorized by this CCP after the CCP expiration date. The uses authorized by this CCP may continue after the CCP expiration date if:
(1) The Permittee has filed a permit modification application 90 day prior to November 19, 2028; and
(2) The City decision-maker grants the requested modification.
The uses authorized by this CCP may continue during processing of a timely-filed modification application, at the City Managers sole discretion.
In the event of any actual and direct conflict between these Conditions of Approval and the terms of the approved Development Agreement, the terms of the Development Agreement shall control and take precedence. [end of conditions]
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ATTACHMENT D.
Ordinance No. 700
75 of 385 ATTACHMENT F Page 3055 of 3559
ORDINANCE NO. 700
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, APPROVING: (1) A DEVELOPMENT
AGREEMENT [NO. DA18-001C] BY AND BETWEEN THE CITY OF
CUDAHY AND STAPLE ROOM, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY AND (2) THE ISSUANCE OF A COMMERCIAL
CANNABIS PERMIT
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code (the Development Agreement Statute"); and
WHEREAS, the Development Agreement Statute authorizes the City to enter into a property development agreement with any person having legal or equitable interest in real property for the development of such property in order to establish certain development rights; and WHEREAS, in accordance with California law, the City of Cudahy has adopted Municipal Code Chapter 20.28 (Development Agreements) [Renumbered as Part 9 of the Zoning Code §§20.84.530-20.84.640 adopted by the City Council on 7/17/18] establishing the procedures and requirements for the consideration of development agreement with the City; and WHEREAS, on September 11, 2017, the City Council for the City of Cudahy passed Ordinance No. 673 establishing regulations and a discretionary review process for the allowance of medicinal-only commercial cannabis activities (cultivation, distribution, manufacturing, deliveries, micro-business and laboratory testing) in a specified Overlay Zone through a development agreement; and
WHEREAS, all procedures of the California Environmental Quality Act ("CEQA"), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have been satisfied. The City has found that the proposed Project is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15301 - Existing Facilities.
This exemption applies to projects characterized as alterations to existing facilities meeting the conditions described in Section 15301;
WHEREAS, the City of Cudahy Planning Commission ("Planning Commission") conducted a properly noticed public hearing to consider approval of a Commercial Cannabis Permit and a Development Agreement (as defined below), at which testimony and evidence, both written and oral, were presented to and considered by the Planning Commission; and WHEREAS, the City Council shall approve a development agreement by ordinance; and WHEREAS, subsequent to receipt of a report on the Planning Commission's actions, the City Council conducted a properly noticed public hearing to consider the approval of a Commercial Cannabis Permit and Development Agreement, at which testimony and evidence, both written and 76 of 385 ATTACHMENT F Page 3056 of 3559
Ordinance No. 700
oral, were presented to and considered by the City Council.
NOW THEREFORFE, THE CITY COUNCIL OF THE CITY OF CUDAHY
DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.
SECTION 2. APPROVAL OF DEVELOPMENT AGREEMENT
That the City Council hereby approves the Development Agreement By and Between the City of Cudahy and Staple Room, LLC, a California limited liability company ("Development Agreement") [DA#18-015C], a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A," subject to the terms and conditions stated therein.
SECTION 3. APPROVAL OF COMMERCIAL CANNABIS PERMIT
That the City Council hereby approves Commercial Cannabis Permit No. CCP18-0015, subject to the terms and conditions stated therein, to allow a Commercial Cannabis Facility for the Site located at4931 Cecelia Street, City of Cudahy, CA as set forth in the Development Agreement. A copy of the permit is attached hereto and incorporated herein by this reference as Exhibit "B." The Commercial Cannabis Permit shall be issued upon execution by the City of the Development Agreement.
SECTON 4. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
SECTION 5. EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take effect thirty (30) days after its second reading by the City Council.
SECTION 6. EXECUTION OF DEVELOPMENT AGREEMENT
The Development Agreement shall not be executed by the City until on or after the effective date of the Ordinance.
SECTION 7. RECORDATION OF DEVELOPMENT AGREEEMENT
That the City Clerk is hereby directed to record the fully executed Development l
l
77 of 385 ATTACHMENT F Page 3057 of 3559
1 l
)
I
I
Ordinance No. 700
Agreement with the County Recorder for the County of Los Angeles no later than ten (10) days after its execution.
SECTION 8. CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published, in full or in summary format, according to law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 18th day of December, 2018.
ATTEST:
Chris Garcia
Mayor
78 of 385 ATTACHMENT F Page 3058 of 3559
Ordinance No. 700
ST ATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CUDAHY
)
)
)
CERTIFICATION
SS:
I, Richard Iglesias, Deputy City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 700 was introduced for a first reading on the 4th day of December, 2018 and approved for a second reading and adopted by said Council at its regular meeting held on the 18th day of December, 2018 by the following vote, to-wit:
A YES: Gonzalez, Hernandez, and Garcia
NOES: Sanchez
ABSENT: None
ABSTAIN: Markovich
fi-~ ~~ ~ ~
· Richard IglesiasY
Deputy City Clerk
I
)
)
)
79 of 385 ATTACHMENT F Page 3059 of 3559
Ordinance No. 700
Page S of 6
EXHIBIT "A"
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF CUDAHY
AND VM EVERGREEN, LLC
A WYOMING LIMITED LIABILITY COMPANY
SEE ATTACHMENT
80 of 385 ATTACHMENT F Page 3060 of 3559
Ordimmce No. 700
EXHIBIT "B"
COMMERCIAL CANNABIS PERMIT
SEE ATTACHMENT
[Th e Permit will be based upon the Staff Report with
Conditions of Approval in a Letter to Follow]
1 f
J
)
I
J
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ATTACHMENT E.
Development Agreement No. 18-015C
82 of 385 ATTACHMENT F Page 3062 of 3559
.A. · This page is part of your document~ DO NOT DISCARD · ,6.
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20190350282
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California
04/19/19 AT 09:21AM
FEES :
TAXES :
OTHER:
PAID:
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LEADSHEET
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201904193270003
00016514060
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THIS FORM IS NOT TO BE DUPLICATED
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0.00 0.00 0.00
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ATTACHMENT F
RECORDING REQUESTED BY
City of Cudahy
AND WHEN RECORDED MAIL TO:
City of Cudahy
I l I
5220 Santa Ana Street
Cudahy, CA 90201
Attention: City Manager *20190350282*
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Recording Fee Exempt per Government Code §6103
COMMERCIAL CANNABIS
pEVELOPMENTAGREEMENI
BETWEEN THE CITY OF CUDAHY.1\ND
STAPLE ROOM, lLC
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this ..5' ,a day of ....t,1A Q,eff- , 2011 , (the "Execution Date"), by and betvveen the Clo'Y OF CUDAHY, a California municipal corporation ("City") and STAPLE ROOM, LLC, a California limited liability company ("Owner") authorized to do business in the State of California. City and Owner are sometimes referenced together herein as the "Parties." In instances when a provision hereof applies io each of the Parties individually, either may be referenced as a "Party." The Pa.ities hereby jointly render the following statement as to the background facts and circumstances underlying this Agreement.
RECITALS
A. The State of California enacted California Governmeni Code Sections 65864 et seq. ("Development Agreement Statutes") 1o authorize municipalities to enter into development agreements with those having an interest in real property to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development in connection with the development of real property within their jurisdiction.
B. The purpose of the Development Agreement Statutes is to authorize municipalities, in their discretion, to establish certain development rights in real property for a period of years regardless of intervening changes in land use regulations, to vest Staple Room, LLC
DA# 18-015C
Development Agreement
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ATTACHMENT F
certain rights in the Owner, and to meet certain public purposes of the local government.
C. As authorized by the Development Agreement Statutes, the City has adopted Municipal Code Chapter 20.28 (DevelopmEmt Agreements) establishing the procedures and requiremer1ts for the consideration of development agreements with the City.
D. Owner currently holds a legal or equitab:e interest in real property considered in this Agieement which has a development ,:irea appiOximately g,52:~,; square feet located at 4931 Cecilia Street, City of Cudahy, State of Carifornia (the "Site"). The Site includes Assessor's Parcel f\lumber: 6224-024-009, and is more fully described in EKhibit A and shown on the map !n Exhibit B. Both exhibits being attached hereto and incorporated herein by this reference.
E. Presently, Owner has a leased inierest in 2 po1tion of the Site for the purpose of medicinal cannabis related activities which shall include, but not be limited to, facilities where cannabis is planted, grown, harvested, dried, cured, graded, trimmed, extracted, manufactured into cannabis products, distributed, or transported sold not as a store-front retail dispensary, or that does all or any combination of those activities ("Medicinal Cannabis"). Such Medicinal Cnnnabis facilities shall operate in accordance with all applicable provisions of Busines::;, and Professions Code §§26000-26231.2; California Health and Safety Code Safely Code §§ 'i 1357-11362.9 and 11362.7- 11362.85; Revenue and Ta}{ation Code §§ 34010-34021.5; Vehicle Code §§ 2429. 7 and 23222; Water Code§§ 1831, 1847, and 13276; and the City of Cudahy Municipal Code as it applies to such facilities (collectively the "California Cannabis Laws"). Piior to operating a medicinal cannabis cultivation facility, Owner shall be required to obtain a Medicinal Commercial Cannabis Permit from the Cii:y pursuant to City Ordinance No. 673.
F. Ultimately, Owner intends upon obtaining a state license issued, pursuant to California Cannabis Laws, to operate a medicinal commercial cannabis or adult use 'facility at the Site. The definition of "Owner" hereunder shall mean and refer to the fee simple owner and/or any authorized tenant of the Site to the extent such party holds or is covered by a Regulatory Permit. In the event the City of Cudahy permits adult use cannabis commercial activity, Owner shall receive priority processing for any corresponding City permits for the same io the extent authorized by law.
G. On December i 4, 2017 Owner Oiiginally applied to this City for a ,Medicinal Cannabis Cultivation Permit (hereinafter "Regulatory Permit") to conduct Medicinal Commercial Cannabis Activities. No such activiHes are permitted without a Development Agreement within or outside the boundaries set forth in the Overlay Zone/Permit Area illustrated in Exhibit "A" to City Ordinance No. 673.
Slaple Room. LLC
DA # 18-015C
Development Agreement
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ATTACHMENT F
H. Owner presenUy intends to develop and open a medicinal marijuana facility on the Site consistent with the California Cannabis Laws and Project Approvals (known as the "Project"). The current Project includes the manufacturing and distribution of products of medicinal cannabis to other legally permitted persons tmd entities under the California Cannabis Laws ("licensed persons"), who operate retail dispensary outlets or othei licensed facilities under the Ca!ifornie. Cannabis Laws, but would not include the dispensing or sale of Cannabis Products at the Project Site without further authorization by the City.
L The proposed project includes a Commercial Cannabis Permit, which is a type of cond1ticnal use permit, to allow for a Commercial Cannabis Facility and a Development Agreement (DA) for commerciel cannabis activities induding manufacturing and distribution within an existing, currently vacant, approximately 8,525 square foot industrial building. The site is currently developed with one commercial building. The proposed project will be built in one phase and includes the following commercial cannabis activities:
• Manufacturing: The manufacturing area consists of a 1,186 square foot manufacturing a.nd packaging area, a i 88 square foot quarantine and testing room, a 353 square foot liquid and solid processing room including a liquid and solid separator, three (3) ·freezer rooms totaling 198 square feet, a 454 square foot flammable gas storage and usage room, a 221 square foot mechanical chase room, a 221 square foot post processing room, a 64 square foot lobby, and a 48 square foot security check-in. The total manufacturing area is 2,933 square feet
• Distribution: The distribution activities will occur wil:h an area comprised of a 3,500 square foot room, a 77 square foot office, a 64 square foot lobby, and a 48 square foot security ched:-in. The total distribution area is 3,689 square feet.
The proposed facility includes a total of 6,622 square feet of production space and 1,903 square feet of total premises space.
• General Business Offices: The facilities office hours will be from 8 a.m. to 6 p.m., 5 days a week and facility operations will be 24 hours, with approximately ten (10) employees per shift.
Parking/Loading/Acci?;ss: The proposed project provides 18 parking spaces, including 2 accessible van spaces. Loading will take place on-site. Vehicular access to the site will be through an existing shared driveway on Cecelia Street Within the site, access to the structure will be through the secured front office entrance. The project complies with the CAL Green Tier 1 by incorporating stormwater pollution prevention measures, Staple Room, LLC
DA# 18-015C
Development Agreement
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ATTACHMENT F
installing energy- and water-efficient equipment, and planting native and droughttolerant landscaping at the front of the prnpeiiy.
Security: The project will secure the facility against unauthorized entry by installing security lights on the exterior of the building to illuminate the side yards and parking area, installing commercial-grade locks, installing an alarm and video surveillance system, establishing procedures for identifying authorized persons, establish inventory controls, and install a secure surveillance vault to maintain the integrity o'f records. In addition, the applicant will engage a licensed secu;ity company to provide an operational security plan in compliance with Ordinance 673.
Staple Room LLC will employ approximately 10 employees. As a term of the Development Agreement with the City, the facility must offer 50% of the employment opportunities to City residents. This will result in at least five (5) jobs in the City.
Currently, the site offers no employment opportunities to residents or otherwise, as the facility is vacant. The existing industrial building is located on a 1 i, 165 square foot lot, which is unmaintained with no landscaping. \Nith the fa<;:ade and site impiOvements proposed by the applicant, the site would include a new security fence with lighting, 24- hour security cameras, 275 square feet of new landscaping area, various tenant improvements, and parking lot upgrades. All development will be consistent with the City's proposed design and landscaping guidelines.
Staple Room LLC has agreed to provide living wages, full-time employment, and medical benefits to their employees, as a term of their development agreement with the City. In addition to employment and other economic opportunities, Staple Room LLC would further the City's beautification efforts by providing on-site improvements, extensive iandscaping, and enhance the SE~curity measures to the facility. Staple Room LLC has demonstr::ited to the City that ih1Eiy are an exemplary corporate partner and would be dedicated to meeting the goals of the City and community. [x] Co-location, check if clpplica.ble:
Note MAUCRSA now authorizea a perz1m to apply for and be izza.esd mora than one State license at one location provided the licensed premises are separate and distinct. See also, Cudahy Municipal Code Section 5.20.050(b)(2).
Owner has applied for one [2J license(s):
1) MEr:iufacturing
2) r.Hstribution
J. On September 11, 20i 7, the City adopted Ordinance No. 673 permitting Certain Medicinal Commercial Cannabis Aciivities in strict compliance with the California Staple Room. LLC
DA# 18-015C
Development Agreement
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ATTACHMENT F
Cannabis Laws under specified conditions and provisions. A referendum petition was circulated for signatures; however, on November 1, 2017, the County Clerk for the County of Los Angeles determined that the referendum lacked sufficient signatures to delay the effective date of Ordinance No. 673. The City has recently been presented with a citizen initiative to repeal Ordinance 673 and ban all marijuana uses in all zones.
Applicant is advised to consult with legal counsel on this matter.
K. Ail procedures of the C~lifornia Environmental Quaiity Act ("CEQA"), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have baen satisfied.
L. The City has given public notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to California Government Code §65867.
The City has found that the provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in City's General Plan, zoning coda and municipal ordinances.
M. The City, in entering into this Agreement, acknowledges that certain City obligations hereby assumed shall survive beyond the terms of the present Council members, that this Agreement will serue to bind City and future Councils to the obligations hereby undertaken, and that this Agreement shall iimii the future exercise of certain governmental and proprietary powers of City. By approving this Agreement, the Council has elected to exercise certain governmental powers at the time of entering into this Agreemeni rather than defer its actions to some undetermined future date. The terms and conditions of this Agreement have undergone extensive review by City and the Council and have been found to be fair, just and reasonable. City has concluded that the pursuit of the Project 1.,vill serve the best interests of its citizens and that the public health, safety and welfare are best served by entering into this obligation. Owner has represented to City that it would not consider or engage in the Project absent Ci"ly approving this Agreement.
N. The City agrees that Owner's land use entitlements for the Project shall vest for the term of this Agreement as described below.
0. After conducting a duly noticed hearing on _____ ___ , in conjunction witl1 Section 2Q.:26.030 of the City's Municipal Code, the Planning Commission of the City reviewed, considered and approved environmental clearance and recommended approva! of the execution of this Agreement to ihe City Council. The Planning Commission found the Project: consistent wiih the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the Overlay Zone; in conformity with the public necessity, public convenience, general ,Nelfare and good land use practices; will not be detrimental to the health, safety and Staple Room, LLC
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Development Agreement
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general welfare of the city; will not adversely affect the orderly development of property oi the preservation of property values; and will have a positive fiscal impact on the City.
P. After conducting a duly noticed hearing on boa m bu t-:t, 201 'i<'. , in conjunction with Section 20.28.060 of the City's Municipal Code, and after independent review and consideration, the City Council approved the execution of this Agreement.
The City Council found the Project consistent with the objectives, policies, generai land uses and programs specified in the genern! plan; compatible with the uses authorized in the Overlay Zone; in conformity ,,vith good land use practices; will not be detrimental to the health, safety and general welfare o'f the City; and is in the best interest of the City of Cudahy and its residents.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby aclmowledgeci, H1e Parcies do hereby agree as follows:
1. Government Code and Municipal Code Required Elements a. Description of Property. Land situated in the City of Cudahy, County of Los Angeles, State of California; whose street address is 4931 Cecilia Street, City of Cudahy.
b. Owner and Other Person with Legal or Equitable Interest.
Owner: Staple Room, LLC
Nature of Interest: L&$1Se for a minimum of 10 _years with Option to Renew for an addition a! •I() years.
If Owner is not the fee simple owner of the Site, check box below:
[x] Owner represents and warrants that the properly owner has consented in writing to the execution and recordation of this Agreement against the Site. See attached Landlord Consent agreement, incorporated herein by this reference (Exhibit C).
c. Permitted Uses. The subject property may be used for any medicinal commercial cannabis facility as presently authorized under S.ecoc!on 5.20.'11 0 Medicinal Cannabis Manufac:tw·ing; 5.20.130 Medicinal Cannabis Products DistribuUort of the municipal code, and for any other use ns authorized under applicable provisions of the municipal code.
Staple Room, LLC
DA# 18-015C
Development Agreement
ATTACHMENT F
d. Zoning. Owner shall guarantee that such activities outlined in Owner's Medicinal Commercial Cannabis Permit Application ("Application") conducted pursuant to this Agreement and under the Regulatory Permit shall comply with the City's municipal code, including the zoning ordinance and any and all development and construction requirements contained therein. Ovvner shall not conduct any business under this Agreement or under the Regulatory Permit without having obtained al! necessary permits, licenses, and approvals from the City and State of California.
e. Reservation or Dedication of Land for Public Purposes. Sufficient roadway, sidewalk, and utility easements shall be reserved or dedicated to City for such purposes.
2. Term
This Agreement sha!i commence on the Effective Date and it shall end ten (10) years from the starting date, and it s.hafl remain in full force and effect so long as the subject property is used for a commercial cannabis facility as authorized under sections ~.20:Wv , 5.20. n ~. 5.20.120 and 5.2fl.130 of the municipal code (as amended); provided, however, such use is not abandoned for a period o'f more than ninety (90) days.
This Agreement SHALL be extended for one (1) additional ten (10) year period following the expiration of the initial ten (10) year term upon the occurrence of all of the following:
Staple Room, LLC
DA# 18-015C
(i) The Owner shall give written notice to the City no lo:ier than one hundred twenty (120) days before the expiration of the initial ten ( 10) year term that the Owner desires to extend this Agreement for an additional ten (10) year period;
(ii) The Owner shows adequmte evidence to the City that it has a legal and/or equitable interest in the Property and/or will have such interests for the duration of the extended term of the Agreement; (iii) The Owner shall deposit all fees required by the City necessary for processing the extension request and drafting necessary documentation;
(iv) The Owner shall not be in default of any prov1s1on of any agreement between City and Owner relative to the development of the Property or of any condition of approval imposed upon any
Developmen1 Agreement
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entitlement granted by the City relative to the development of the Propercy for which Owner has been given a written notice to cure by the City and for which Ovmer hes not cured or commenced to cure such defauH within thirty (30) days, if and as provided by such agreement or condition of approval.
3. Owner's Site and Floor Plans
4. e.. Owner's site plan and floor plan for the facility are attached hereto as Exhibit D and incorporated into the Application.
b. A preliminary landscape plan shall be prepared and reviewed and ,:ipproved by the City Manager and/or Community Development Manager. A final landscape plan shall be prepared and submitted in conjunction with building and site improvement plans prior to issuance of building permits for construction activities. c. An exterior signage plan shall be prepared and reviewed and approved by the City Manager and/or Community Development Manager in accordance with the procedures and ,equirernents of Section 5.:20.0S0{d) of the municipal code.
Faciiity Operations
a. Standard Operating Procedures. Owner is a lawful entity that will only se!I 'co other legally permitted persons and entities under the California Cannabis Laws. Prior to operating a medical mariju~na cultivation, manufacturing, distribution, or delivery facility, Owner shall be required to obtain a Cannabis Permit from the City pursuant to City Ordinance No. 673. Further, and notwithstailding anything to the contrary, Owner may operate such medicinal cannabis-related activitias c:s permitted in accordance with California state law, as may be amended, including without limitation, as long as such activity is not inconsistent with the Cudahy Municipal Code.
During the term of its reguiatory Permit and the term of this Agreement, Owner shall lawfully operate in accordance with all state and local laws. Owner shall employ exemplary operating procedures to comply with state and local Jaws.
Owner's faciHty shall emp!oy safety and security measures for the safety and security of its employees, visitors, vendors, and neighboring communities and properties.
Owner shall fully comply with the m1n1mum Business Standards regulating Medicinal Commercial Cannabis Activity set forth in new Section 5.20.050 of the Staple Room, LLC
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Development Agreement
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Cudahy Municipal Code and such more specific ope;ational requirements set forth in Exhibit E, "Business Standards", attached heieto. b. Security Pian. Owner shall secure approva! of its proposed security plan by the Los Angeles County Sheriff or the City prior to operating. The security plan shall include, at a minimum and as .qppropriate, provisions for video sur\1eillance, perimeter fencing and security, protection of the building(s) from vehicie intrusion, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professionally monitored a!arm system.
Equipment and systems used for video surveillance and building alarms shall be Bpproved by City. See Cudahy Municipal Code Section 5.20.050(r) for minimum security requirements.
Video surveiilance shall include, at a minimum, all site and facility entrances and access points, all spaces accessible by the public, all secured areas of the facility \oVith restricted access, all interior spaces and rooms where medicinal cannabis products are handled and processed, shipping and receiving areas, cash storage areas, and other areas necessary to protect the safety of employees and the public and to ensure medical marijuana products are received, handled, stored, packaged, shipped, and distributed in compliance with applicable state and local laws and regulations. The video surveiilance system shall be web-based with direct access provided to the Los Angeles County Sheriff upon request The security system shalt also include sensors to detect entry and exit from all secure areas, panic buttons in appropriate locations, and a professionally monitored alarm system with glass breakage sensors and motion detectors.
Owner shall employ properly trained and licensed thiid-party security personnel to protect the welfare and safety of Owner and employees, and to ensure public safety to the neighboring community. Owner shall use security personnel 24 hours, 7 days a week. Security personnel may be armed so long as proper licensing and insurance requirements are followed and met by the third-party operator providing such security services.
c. Fire Department Approval. Owner shall not operate any facility, and no permit, license, or other approval issued by City shall be valid unless and until the Los Angeles County Fire Department has approved Owner's site plan, floor plan, safety plan, and any other plans that require its approval. d. Possession of Firearms. Except for licensed and bonded security personnel, no person employed by Owner shall be in possession of any firearm while on the premises or location vvithout having first obtained a license from the Staple Room, LLC
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appropriate sta~a or local agency authorizing the person to be in possession of such firearm. Every such person in possession of a firearm while on the premises or location must provide the City Manager and the Los Angeies Couniy Sheriff, ten days before bringing the firearm onto the premises, with the fo!lowing:
1) A copy of the license issued to the person by the appropriate state or local agency authorizing him or her to possess such firearm; 2) A copy of his or her krw enforcement identification (if he 01· she is employed by a law enforcement agency);
3) A copy of his or her California driver's license or California identification card; and
4) Any other information reasonably required by the Los Angeles County Sheriff to show that the individual is in compliance with the provisions of au laws regarding the possession and use of a firearm. e. Identification Display. Each owner, mzmager, employee, and individual member engaged in the cultivation, processing, manufacturing, distribution, or transporting of cannabis shall at all times while engaged in the duties of his or her position v11ear in plain sight, on his or her person and at chest level, a valid identification badge, issued by Owner.
f. Emplovee Background Checks/Procedures for Inventory Control to Prevent Non-Medical Diversion of Medical Cannabis. Only employees who receive clearance from the proper oversighl authority shall be permitted to enter Owner's facimy. Each employee will have to meet a criminal background investigation conducted by the Los Angeles County Sheriff, which at minimum shall include a UveScan criminal history check, which City shall mal<e a good faith effort to facilitate i.,vithin a reasonable time following the issuance of a commercial cannabis permit(s) or license(s) to Owner.
Owner shall take all necessary and reasonable steps to prevent the distribution of any of its medicinal cannabis products to minors; prevent revenue from the sale or distribution of its medicinal cannabis and/or infused products from going to criminal enterprises, gangs and cartels; prevent the diversion of cannabis from California to any other state; prevent state-authorized cannabis activity from being used as a cover or pretext for the irafficking of other illegal drugs or other illegal activity; prevent violence and the use of firearms in the cultivation, manufacture, testing, delivery and distribution of cannabis; discourage and educate against drugged driving and the e;,acerbaiion of other adverse public Staple Room. LLC
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health consequences associated with cannabis use; disavow growing cannabis on public !ands that creates atiendant public s~ifety and environmental dangers posed by such illegal uses; and discourage and educate against cannabis possession or use on federal property.
g. Quality Control and Testinq. Owner shall utilize quality conirol measures and testing to ensure only the highest quality of commercial cannabis and infused products wi!I be produced. Owner shall inspect the product to insure its identity and quantity, and shall have a testing lab perform testing of random samples prior to distribution to its patient collective membership affiliates.
Inspection and testing will be conducted by a testing iab off-site. Testing standards and procedures shall be in accordance with applicable state law and regulations.
Ail medicinal commercial cannabis products will undergo a quality assurance review in accordance with state law prior to distribution. Inventory procedures 1Nill be utilized for tracking and taxing purposes by the state. Owner shall employ an efficient record-keeping system to make tiansparent its financing, testing, and adverse effect recording, as well as recail procedures. Owner shall employ an efficient record-keeping system that will reflect its financing, testing, and adverse effect recording and product recall procedures. h. Packaging of Medicinal Commercial Cannabis and Infused Products. All Owner commercial cannabis products shall be packaged and iabeled as required by California Cannabis Law and applicable requirements and regulations issued by the State of California pursuant thereto. In addition to those packaging and lubeling requirements, cmd packaging and labeling requirements set forth in Owner's Regulatory Permit application, as amended or supplemented, all medicinal commercial cannabis products shall be packaged in an opaque childproof container which shall contain a label or be accompanied by a leaflet or inset that states, at a minimum:
1) The name, address and telephone number of the licensed medicinal commercial cannabis facility to which the medicinal commercial cannabis product is distributed, sold, or transferred;
2) The amount of medicinal commercial cannabis in the container; and 3) The date the medicinal commercial cannabis was transferred to a licensed commercial cannabis facility.
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Owner intends to produce infused products and shall secure any approvai from the County of Los Angeles Health Department required for manufacturing and handling sucil products. Owner infused products shall not be produced, manufactured, stored or packaged in private homes. All medicinal commercial cannabis infused products shall be individually wrapped at the origin~i point of preparation.
i. Point of Sale Tracking System. Owner shall maintain an inventory control und reporting system that accurately documents the location of medicinal cannabis products from inception t:1rough distribution, including descriptions, weight, and quantity. The inventOiy control and reporting system shall comply with the track and trace program required by California Cannabis Law and regulations issued thereunder.
Owner shall employ a electronic point of donation/sale system approved by the State of California for all point of donations/sales tracking from seed or inception to product distribution to other licensed commercial cannabis facilities. Such approved system shall track all medicinal commercial cannabis products, each edible, harvested flower, and/or manufactured concentrate, as well as gross sales (by weight and sale). Owner's poini of sale system shall have the capacity ~o produce historicai transactional data in accordance with City's requirements. j. Record Keeping. Owner shall m2iintain records for all medicinal commercial cannabis and/or infused products. Owner shall comply with all record-keeping responsibilities that are set forth in Municipal Code Sections
5.:?tU)SO(s}, 5.20.1 ·W{f.1) & 5.20.1 2!:l{n}, including complete and up-to-date records regarding the amount of commercial cannabis cultivated, produced, manufactured, harvested, stored, tested, distributed, delivered or packaged at Owner's facility.
k. Processing, Handling, Storing, and Distribution of Medicinal Commercial Cannabis and Related Products. Medicinal commercial cannabis cultivation, handling, storing, and processing shall be concealed from public view at all stages en' growth and processing, and there shall be no exterior evidence of cultivaiion or processing occurring at the premises from a public right-of-way or from an adji~Cent parcel. Commercial cannabis cu!tivation, handling, storing, processing, or distribution shall not create offensive odors; create excessive dust, heat, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; or be hazardous due to use or storage of materials, processes, products, or wastes.
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Owner shall store its commercial cannabis and/or commercial cannabis products in a locl<ed safe room with T-card identification access for management only. The safe room shall be constructed of fire-rate walls with numerous cameras instal!ed to vievv all entries and exits from the sa'fe room, as well as all other activities performed within Owner's facility. Owner will not conduc:I: outdoor operations except as related to lawful delivery and transportation of rnedicinal commercial cannabis and infused products. Owner will not store medicinal commercial cannabis or related products in its delivery vehicle outside normal operating hours of the facility.
Medicinal commercial cannabis products sha!I be sold or distributed only to licensed dispensaries in California. Excess or contaminated product will be securely stored on-site until it is properly disposed. Disposal may include composting, incineration, land-fill disposal through the local waste management hauler, or other disposal methodology in accordcrnce with state and county health and safety codes and regulations.
I. Odor Control. Ail structures shall have ventilation and filtration systems installed that prevent commercial cannabis plant odors from exiting the interior of the structure. The ventilation and filtration system shall be approved by the Building Official and installed prior to commencing cultivation or manufacturing within the allowable structure. Facility air intake, exhaust, and recirculating system shall be of industrial grade. Activated charcoal, recirculating, and closed loop aeration systems will be utilized as necessary for effective odor control and management.
m. Description of Banl<inq Plan. Owner shall seek to open a bank account under the name of Owner or its associated management company to provide transparency for funds received, operational costs, including payroll, tax payments to the state and federal governments. Should a bank account not be forthcoming, 0wnei shall implement other industry standard banking and/or other industry standard transactional mechanisms.
n. Transportation Plan. Owner shall comply with all state and local law regarding transportation, including the rules governing delivery service. Owner shall retain a list of names and cellular contact numbers for all employees engaged in transportation of commercial cannabis products and provide it to the applicable oversight authority, keeping the tist current and up to date.
Owner will keep complete and up-to-date records documenting each transfer of commercial cannabis to other lawful cooperative corporations, including the &mount provided, the form or product category in which the commercial cannabis Staple Room, LLC
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5. was provided, the date and time provided, the name of the employee making the transfer, the name and address of the other lawful cooperative corporation to whom deliver/ is made, and the amount of any reiated donation or other monetary transaction.
Community Relations, Employment, and Wages
a. Public Outreach and Education Program. The Owner shall coordinate and cooperate with City and other Owners of medicinal commercial cannabis facilities located within City of Cudahy in the establishment and implementation of appropriate public outreach snd education programs, including but not limited to outreach and interface with public and private schools, youth organizations, re!igious organizations, health care providers, drug abuse treatment providers and mental health and drug counseling providers. The public outreach and education programs sh ail be approved by City.
b. Community Benefits Program. The Owner shall coordinate and cooperate with the City and other Owners of medicinal commercial cannabis facilities locc1ted within the City of Cudahy in the establishment, implementation, and funding of a community benefits program which could include such items as capital improvements, new community recreation facilities, expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community, support of holiday and special community events, and support of local public seNice, public safety, litigation defense and special districts and social and community organizations. This community benefits program may be implemented by the City. The Ciiy will invite public participation in the decision-making process for identifying 2nd prioritizing community needs and benefits, and identifying appropriate projects to be funded by the entity implementing this community benefits program. All projects under the community benefits program must be approved by the City.
Owner agrees, as a business expense, to pay the City the yearly sum of $66,667.00. Unless initialed below by the City Manager, this yearly sum shal! be deposited in fi.!U into a dedicated account set up by the City in order to create, fund and implement a Ciiy-approved community benefits program. if initialed here by the City Manager, Owner has been apprnved for i: following payment p!an: Within thirty days of the Effective Date of this Agreement, the Owner shall deposic into the City's dedicated account, in good funds, twenty percent (20%) of the yearly sum of $~6,361.0C {initial payment calculated at $13,323.40] and shall pay the be.lance thereof over a period of ten (10) months payable in equal monthly installments of $5,333.36 per month. Each Staple Rcom, LLC
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monthly payment shall be due and payable on the 1st day of each month and shall be deemed late on the 5th day of the month. The amount and schedule of payments may only be r:iodified by the written consent of the City Manager at his sole and complete discretion.
Therea-fcer, on the anniversary date of the Effective Date of this Agreement, and yearly through-out the entire term of thls Agreement and any e~iension thereof, Owner shal! pay to the City, as a business e;~perise, the year!y sum of $66,667.00, payable in the same manner as set forth above. c. Designation of Persons Responsible for Communitv Relations. At the time of ihis Agreement, Owner's day-to-d"y operations manager, Sacha de N,js, will be responsible for community inquiries a,1d complaints and on-site during normal business hours.
d. Interface with Los Angeles County Sherifi / Inspections. Owner's day-today operations manager, Sacha de Nij$, will interlace with the Los Angeles County Sheriff Departmenfs assigned designee to ensure its operation complies with state and local laws and regulations. Th<:i City Manager, or desigm~e, or the Los Angsies County Sheriff's Department's assigned designee acting at the Citv Manager's request and per his specific and limiting instructions, shal! h~•.1e the right to enter all Premises from time to time unannounced du.ring hours of operation for the purpose of making reasonable inspections to observe and enfor-ce compliance with this Agreetnent and state and local laws and regulations, without the requirement of a search warrant, subpoena, or court order, 3n6 subject to appropriate cost recovery fees set forth in this A,greemerct, or adopted by the City. See, Cucfahy Municipal Code Section 5.20.050(t).
j v' f' Owner's Initials
e. Local Recruitment Hirinq, and Training Programs. Owner is committed to making a good-faith effort to recruit, hire, and train City residents for employment by Owner. A good-faith effort means Owner shall take the following or simi!ar actions to recruit and employ City residents: 1) Contact local recruitment sources to identify qualified individuals who are City residents, 2) Advertise for qualified City residents in trade papers and newspapeis of general circulation in the srea, and 3) Develop a written plan to recruit and employ City residents as 2 part of the its workforce. At a minimum, the Owner commits to a local annual hiring goai of 30% of total operational jobs for permanent and apprentice employees. This goal shall apply horizontally, across all departments and managerial positions. The Owner shall not be penalized or deemed in default under this Agreement if it is Staple Room, LLC
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6. 7.
unable to achieve such a goal. "Local" is defined as within a 1-mi!e radius of the boundaries of the Overlay Zone. The Owner shall contact and work with a job referral agency assigned by the City Manager to implement a local hiring policy for permanent and apprentice employees. The purpose of the hiring policy is to faci!itate the training and employment of local and disadvantaged job applicants for jobs with the Overlay Zone. Applicants for jobs shall not be disqualified from hiring soiely on the basis of an arrest or conviction for a C,mnabis-related crime that occurred prior to November 8, 2016, and could have been prosecuted as a misdemeanor or citation under current California !aw. The Owner shall report on compliance with the local hiring goals as part of its annual audit report. f. Living Waq§_§. Living Wages. Owner shail pay all employees of the Faciilty, at a minimum, a Living \Nage. A "Living Wage" is the higher of whatever the Owner currently pays its employees for similar work elsewhere or the following: the Full Cash Wage required to be paid by an employer to any individual under the City of Los Angeles Minimum Wage Ordinance [L~,MC Sections 187 and 188J, as adjusted annually.
g. Full-time Work. Owner shall make its best effori:s to fill every position with a full-time employee. However, at no time shall Owner have a labor force that is composed of less than 50% full-time employees within its labor force, and Owner shall make a good ·faith effort to maintain a ft1il-time employee level of 75%.
Owner agrees to provide to its eligible employees leave benefits, health and wellness benefits and other emp!oyee benefits to the extent such benefits are required to be paid for by Owner under applicable state and federal employment laws
Indemnification Agreement by each Cannabis Permiaee
Pursuant to Cudahy Municipal Code Section 5.20.070(g}, the City Manager may require each Cannabis Permittee to execute a separate Indemnification Agreement prepared by the City that fully indemnifies the City for all liabilities associated with the Cannabis Permit, the Cannabis Permittee's Commercial Cannabis Activities, and any action taken by the Cannabis Permittee. The Indemnification Agreement shall include the defense of the City and reimbursement of all fees, costs and expenses incurred by the City related to any action arising from this Agreement.
Fees, Costs, and Future Taxes
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a. Faes. Owner agrees lo pay all permit fees and charges referenced in Section 5.20.070{0 of the municipal code, in the amounts adopted by the City Council by resolution, as well as any fees set forth in this Agreement. Permit application, processing, and renewal fees shall be due and payable at the time application is made.
b. Costs. As defined in Article 8, Owner agrees to reimburse City for all additional reasonable costs of City resulting from the operntion of a medicinal commercial cannabis faciiity authorized under applicable provisions of the municipal cocie, council resolutions and administrative policies and regulations.
Reimbursement io City for such costs shall be due and payable as set forth in Article 8.
c. Qoerating Fees.
As used herein, "Premises" means the designated structure or structures and land specifie,,j in the application that is owned, leased, or otherwise held under the control of the Cannabis Permittee applicant or Cannabis Permittee where the Commercial Cannabis Activity will be or is conducted. The parties stipulate and agree that the square footage for the Prnmlses upon the Effective Date of this Agreement is and shall be during the term of this Agreement 1,nn3 square feet.
As used herein, "Cormnsrcia: Csinnabis Activities" means all permitted activities: e.g., cultivation, possession, manufacture, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or distribution of Cannabis and/or Cannabis Products.
As used herein, "Giross rece-ipt~" shall mean the total amount actually received or receivable in the course of business in a caiendar year or calendar month from sales or the performance of acis or services for which charge is made or credit allowed. "Gross racefpts." include, without limitation, all receipts, cash, credit, property received in lieu of cash, and any other valuable consideration taken in exchange for goods, services or other valuable consideration. See, Cudahy Municipal Code Section 5.G4.0,'.30{5).
As used herein, "Production Space" means the area on or within the Pr\;lmises intended for Commerc,ai Cannabis Activitier, excluding non-operational common areas such as restrooms, cafeterias, break rooms, hallways, corridors, vestibules, parking structures or surface street lots. The parties stipulate and agree that the square foo~age for the Production Spac,l shall be:
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Manufacturing: 2,933 squaie feet
Distribution: 3,689 square feet
Tctai Production Space: s,e.22 3qu~1re faet
The City Manager is specifically authorized to set and adjust the square footage for the Premises Space and Production Space and to determine the corrn::q:m1ding operating fee as the Projt,ct. i~ completed.
Owner agrees to pay to City, in order to enable City to promote, protect, and enhance the healthy, safety, and welfare of the community and its residents and its quality oJ iife, the greater of the following month.!_y fser:: ('ff) er (2):
1) a monthly operating fee of [.t~2 x total square foot of the "Premises"] until Owner is operating on the Premisa~ .• and selling product under its City Reuulatory Permit and Siate Regulatory Permit. Once Owner is operational ,::tnd generating revenue, the monthly operating fee is [.42 x total square foot of "Ft-t;,duction Space"];
or,
2) a monthly operating fee(s) of:
2% of Gi-oss R:acsipts for operations from the Cannabis Manufacturing Permit on the Premises; and
1 % of Gross Receipts for operations from the Cannabi$
Dhstribution Permit on the Premises,. This discow: tsrl 1% Cannahis Distribution Permit fee shall appiy only to the distribution of cannabis product for anyane other than the Owner.
Facilities with multiple !icenses must not commingle respeccive sales proceeds, and blend percentage rate of Grns,s Receipts.
I l If initialed here by the Ciiy Manager, Operating Fees shall begin ~rue nine·iy {9D) days after the end of month of the Effective Date of this Agreement. Otheiwise, Operating fees shall begin to accrue in the month of the Effective Date of this Agreement. The operating fee shall '.)e due and payable on the 10th day of each calendar month through-out the term of this Agreement.
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Failure to pay the fee within thirty (30) days after the due date shall result in a penalty foi nonpayment in a sum equal to 25% of the total amount due.
Add:tional penalties will be assessed in the following manner: 10% shall be added to the first day of eacl, calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part - up to a maximum of 100% of the fee payable on the due date.
d. Owner understands and agrees that i:11e fees set forth above shall be paid in a manner and in accordance with a payment schedule set or modified by City.
The cultivation, manufacturing, testing, distribution, and delivery space to which the fee applies is as identified on the attached floor plr:Jn. e. If Owner makes any changes to the interior layout of the facility that increases the amount of space allocated to those uses to which the per-squ@refoot fee applies, Owner shall notify City of such changes at !east fourteen (14) calendar days prior to making such changes, and i11e per-square-foot 'fee shaii be modified accordingly. if Owner fails to give City notice as required herein, Owner shall be responsible for paying to City a per-square-foot fee based on any increase in 'ihe amount of space allocated to those uses to which the per-squarefoot fee applies retroactive to the date tl1e Regulatory Permit became effective.
8. Cost Recoverv Fee
City shall assess to Owner fees to recover City's reasonable processing and monitoring costs rel~ting to Owner's business upon issuance of Owner's Manufacturing, Cultivation, Testing, Delivery, and Distribution Permits or any Additional Permits (hereinafter "CRF"). CRFs are separate and apa11 from any c-perating fees set forth in Article 7
a. Processing Fees. Processing fees for the Applicalion are based upon the direct and indirect costs that City incurs in reviewing the Application. The processing fees for the Application shall be based only on costs that are necessary for processing the Application and implementing the Ordinance, including staff time, legai feas, and consultant fees. "Necessary for" means that but for the Application, the costs would not have been incurred. The processing fee shall not include costs for other City management objectives, unless they are necessary for processing tile Application.
b. MonitoriniJ Fees. Monitoring fees for the Manufacturing, Cultivation and Distribution Permits are based upon the direct and indirect costs City incurs in confirming the use of the Property in accordance with the municipal code, the Ordinance, this Agreement, and the Appiication. The monitoring fees shall be based only on costs that are necessa1y for conducting these reviews. "i\lecessary Staple Room, LLC
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for" means that but for the Manufacturing, Distribution, Testing, Delivery and Cultivation Permits, or any Additional Permits, the costs ,vould not have been incurred. The monitoring fee shall not include costs for other City management objectives, unless they are necessary for monitoring the permitted activities. c. Billing and Payment. The City may elect to bill the Owner the Initial CRF on the first day of the month following the Effective Date of this Agreement.
Thereafter, City sha!! bi!! Owner the CRF on the first day of each Quarter with an invoice providing the time spent by City and its representatives. Owner shall pay the CRF invoice within thirty (30) days of the date the bill for the CRF is received by Ovmer.
d. Disputes If Owner disagrees with the dollar amount provided by City on the CRF invoice, Owner may submit a vvritten request befoie the disputed fee is due for a substitution of alternative CRF invoice to the City Manager. The wriiten request must include supporting documentation. After revievv of Owner's written request, Owner and City shall work, in good faith to resolve Owner's written request. The dispute shall be decided in favor of Owner if City does not respond to the written request within thirty (30) days of actual receipt.
9. Additional Owner Oblioations
a. Reporting of Gross Recejpts from Operations
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1) Quarterly Receipts. No latar than [Few exempfe, January 15, 20·'8], and every three months thereafter (i.e., April 15, July 15, October, and January 15 of each subsequent year), Owner shall deliver co City a report (ihe "Quarterly Report") showing (i) Gross Receipts from operations for the immediate prior three months received by Owner, and a cumulative total of all amounts of Gross Receipts from Operations received by Owner for the calendar year, (ii) a calculation of the quarterly payment due to City for the prior three months, and (iii) a calculation of the cumulative total of a!! quarterly payments for the calendar year.
2) Statement of Receipts/Annual Audit. The Owner shall keep complete, accurate and appropriate books and records of all receipts from operations in accordance with generally accepted accounting principles.
Foi purposes herein, "books and records" shall mean all bookkeeping or accounting documents Owner typically utilizes in managjng its business operations ielating to the Project. Such books and records, as well as all other relevant documents as the City Manager may reasonably requ:re, shall, upon reasonable written notice, be open for inspection by City, its auditors or other authorized representatives. If at any 'lime during the term
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such books and records prove inadequate in the reasonable judgment of City to record the Gross Receipts from Operations as herein required, Owner silall, upon the written 1·equest of the City, procure and maintain such books and records as shall be of a character and from adequate for such puipose. City shall have the right to audit and examine such books, records and documents and other relevant items in the possession of Owner, on no less than a.n ailnual basis, or at any time upon reasonable request by the City, to the extent necessary for a proper determination of Gross Receipts from Operations, and all such books, records, documenis and other items shall be held available for such audit and examination.
The Ciiy's audit shall be performed by a non-contingency fee independent auditor approved in 2dvcince by the City. Upon request by City, Owner shall make all such booi,s, records and documents available to the Cily Manager, his designee, or to the City approved auditor, and provide removable copies thereof, within thirty (30) of the date of City's request.
Owner shall pay all costs of such audits. Owner shall preserve such books, records, documen'ls, and other i(ems in Cudahy for a period of not less than one (1) years for tl,e purpose of auditing or re-auditing these accounts upon reasonable notice; except that, if an audit is made within the seven-year period cind Owner claims that errors or omissions have occurred, the books and records shall be retained and made available until those matters are resolved. City shall keep strictly confidential all statements of revenue furnished by Owner and RII other information concerning Owner's operation of the Premises obtained by City as result of the inspection audit and examination privileges of City hereunder, except as otherwise required by law. l"f City ieceives a request for such information pursuant to the Public Records Act (California Government Code Section 6250, et seq.), City shall provide Owner notice of nny such request prior to disclosing any such information and afford Owner the opportunity to obtain a protective order. Within seven (7) years after the receipt of any statement of receipts under this Agreement, City at any time shall be entitled to carry out an audit of such revenue either by City or agent to be designated by City. !fit shali be determined as a result of such audit that there has been a deficiency in any payment due under this Agreement made on the basis of such statement, then such deficiency shall become immediately due and payable within thirty (30) days of such determination.
1) Copies of Tax Filings. Owner shall provide the City with courtesy copies of each and every report Owner is required to provide to the County of Los Angeles or the State of California for sales, use, or other tax purposes at the time such filings are made.
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b. Future Revenue 1\/iechanisms. During ihe term of this Agreement, if the City imposes (by Citizen Initiative or othervvise) an alternative revenue mechanism specifically reiated to cannabis operations (e.g., a cannabis tax), OlNner agrees to renegotiate in good faith the terms of this Development Agreement with the City so as to comp!y with an alternative revenue meche:nism.
As used in this section, "alternative revenue mechanism" does not include taxes, fees, or assessments levied on or collected from both medicinal cannabis and non-cannabis operations.
10. Insure.nee and lndernnitv
a:. Insurance. Owner shall requ1re all persons doing work on the Project, including its contractors and subcontractors (collectively, "Owner" for purposes of this Article 6 only), to obtain and maintain insurance of the types and in the amounts described in this section and its subsecUons with carriers reasonably satisfactory to City. b. General Liability Insurance. Owner shall maintain commercial general liability insurance or eqL!ivalent form with a limit of not less than Two Million Dollars ($2,000,000) (or as otherwise approved, in writing, by City) per claim and Two Million Dollars ($2,000,000) each occurrence. Such insurance shall also:
1) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as "Additional Insureds" by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-iisted additional insured.
2) Be primary with respect to any insurance of self-insurance programs covering City, its officials, employees, agents, and representatives. 3) Contain standard separation of insured provisions.
c. Automotive Liability Insurance. Owner shall maintain business automobile liability insurance or equivalent form with a limit of not less than Two Million Dollars ($2,000,000) for each accident for the vehicles Owner operates in connection with its cannabis business. Such insurance shall include coverage for owned, hired, and non-owned automobiles. Such insurance shail also:
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1) Name City, and work in good faith with the City and the insurers to name additional insureds as deemed reasonably necessary. "Additional
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d.
Insureds" by endorsement with respect to performance of this Agreement.
The coverage shall contain no special limitations on the scope of iis protection afforded to the above-iisted additional insureds; 2) Be primary with respect to any insurance or seif-insurance programs covering City, its officials, employees, agents, and representatives; 3) Contain standard separation of insured previsions.
Workers' Compensation Insurance. Owner shall ta1ke out and maintain dming the term of this Agreement, workers' compensation insurance for all of Owner's employees employed at or on the Project, and in ihe event any of the work is subcontracted, Owner shall require any general contractor or subcontractor similarly to provide workers' compensation insurance for such contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Owner. In case any class of employee engaged in work on the Project is not protecied under any workers' compensation law, Owner shall provide and shall cause each contractor and subcontractor to provide adequate insurance for the protection of employees noi: otherwise protected. Owner hereby indemnifies City for any damage resulting from failure of Owner, its agents, employees, contractors, or subcontrn;ctors to take out or maintain such insurance. Workers' compensation insurance~ with statutory limits and employer's liability insurance with limits o'f not less than One Million Dollars ($1,000,000) each accident shall be maintained.
e.
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Other Insurance Requirements. Owner shall do all of the following:
1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance that dearly evidenced all insurance required in this Article, including evidenced that such insurance will not be canceied, allowed to expire, or be materially reduced in cover.::ge without thirty (30) days prior written notice to City. 2) Provide to City, upon request, and within seven (7) calendar days of said request, ceriified copies of endorsements and policies, and properly executed ceriificates of insurance evidencing the insurance required herein.
3) Replace or require the replacement of certificates, policies and endorsements fer any insurance required herein expiring prior '!he termination of this Agreement.
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4) Maintain aH insurance required herein from the Effective Date of this Agieement to the earlier of the expiration of the term or the mutual written termination of this Agreement.
5) Place alt insure:nce required herein with insurers licensed to do business in Ca.!ifomia with a current Best's l<ey Rating Guide reasonably acceptable to City.
f. lndemnitv. Owner ag,ees "io indemnify, defend, and hold City, and its elected and appointecl council, boaids, commissions, officers, agents, ernpioyees, contractors, consuitants and representatives, harmless from any and ftll claims costs and iiability for any personal injury or property damage which may arise as a result o·f any actions or negligent omissions by Owner or Owner's contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation of the Project. 11 . Termination
a. Termination Upon End of Term. This Agreement shaH terminate upon the expiration o"f the term, unless it is terminated earlier pursuant to the terms of this Agreement. Upon termination of this Agreement, City shall record a notice of such termination and this Agreement shall be of no further force or effect except as otherwise set forth in this Agreement.
b. Effect of Termination on Owner's Obligations. Termination of this Agreement shall eliminate any further obligation of Owner to comply with this Agreement, or some portion thereof, if such termination relates to only part of ihe Site or Project. Termination of this Agreement, in whole or in part, shalt not, however, eliminate the rights of Owner to seek any applicable and availabie remedies or damages based upon acts or omissions occurring before termination.
c. Effect of Termination on City's Obligations. Terminaiion of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or some portion thereof. Termination of this Agreement shall not, however, eiiminate ihe rights of City to seek any applicable and avaiiable remedies or damages based upon acts or omissions occurring before termination. d. Survival After Termination. The rights and obligations of the Parties set forth in Article 15, Artide 21, and Section 23(e), Section 23(f), and Section 23(h), and any right or obligation of the Parties in this Agreement which, by its express Staple Room, LLC
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ierms or nature and context is intended to survive termination of this Agreement, will survive any such termination.
12. Resources Efficiency
Owner shall endeavor to reduce its environmental impact when possible. The design of the facility shall include reasonable water and energy conservation measures in accordance with applicable State regulations.
i 3. Standard Conditions for Construction
During any on-site construction activities related to development of the project site and any buildings thereon, or renovation or remodeling of existing buildings, Owner shali comply with all applicable terms and conditions of City's Standard Conditions for Construction, attached hereto and incorporated hefein by reference as Exhibit F. The Project shall comply with the applicable parking standards established by the City fo, cannabis activities.
14. Defaults and Remedies
a. Remedies in general. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this ,!\greement, or with respect to iilis Agreement or the application thereof, except as hereinafter expressly provided. Subjeci to extensions of time by mutual consent in writing, failure to delay by either pariy to perform trny term or provision of this Agreement beyond a reasonable notice and cure period shali constitute a default In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) day notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings.
Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thir~y (30) day pariod and thereafter diiigently prosecutes such cure to completion.
After notice and expiration of the thirty (30) day period, the other pcHiy to this Agreement, at its option, may institute !egal proceedings pursuant to this Agreement.
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In general, each of the parties hereto may pursue any remedy at law or equity availabie for ihe breach of any provision of this Agreement, except that City shali not be liable in monetary damages, unless expressly provided for this Agreement, to Owner, to any morcgagea or !ender, or to any successors in interest of Owner or mortgagee or lender, or to any other person, and Owner covenants on beha!f of itself and al! successors in interest to the Property or any portion thereof, not to sue for damages or ciaim any damages. 1) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
2) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without !imitation, any impairment or restriction which Owner characterizes as a regulatory takrng or inverse condemnation; or
3) Arising oui of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agre€!ment.
Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the exercise by City of its power of eminent domain. Nothing contained herein shaif modify or abridge Owner's rights or remedies (including its rights for damages, ii any) resulting from bad faith intentional acts, the grossly negligent or malicious acts of City and its officials, officers, agents and employees. Nothing ,1erein shall modify or abridge any defenses or immunities available to City and its empioyees pursuant to the Government Liability Act and all other applicable statutes an<) decisional law.
Except as set forth in the preceding paragraph relating io eminent domain, Owner's remedies shall be limited to those set forth in this Section 14(a), Section 14(b), and Section 14(c).
Notwithstanding anything to the contrary contained herein, City covenants as provided in Civil Code Section 3300 not to sue for or claim any consequential damages or, in the even'! all or a portion of the Property is not developed, for lost profits or revenues which would have accrued to City 2s a result of the development of the Property.
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monetary relief are particularly appropriate remedies for the enfoicement of this Agreement and shouid ba available to all parties for the following reasons:
1) Except as provided in Sections '14(a) and 14(e), money damages are unavailable against City as provided in Section 14(a) above. 2) Dua io the size, nature and scope of the Project, it may not be practicc1I or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and pelformed extensive planning and processing of the Project in agreeing to tha terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible io determine the sum of money which would adequate!y compensate Owner foi such efforts; the pari:ies acknowledge and agree that any injunciive relief may be ordered on an expedited, priority basis.
c. Release. Except for t:1ose remedies set forth in Sections 14(a), '14(b), and 14(c), Owner, for itseif, its successors and assignees, hereby reiec1ses City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unlrnown, present or future, based or asserted, pursuant to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terms of this Agreement.
Owner acknowledges that it may have suffered, or may suffer, damages and other injuries that are unknown to it, or unknowable to it, at the time of its execution of this Agreement. Such fact nowvithstanding, Owner agrees that the release provided in this Section 14-(c) shaH app!y to such unknown or unknowable claims end damages. Without limiting the generality of the foregoing, Owner acknowledges the provisions of California Civil Code Section 1542, which provide:
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"A general re1&c1se ,does not extend to claims which th~ creditor does not know or suspect to exist in his or her favor at the time of executing the re!ease, which if known by him or her must have materially affected his or her settlement with the debtor."
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Owner hereby waives, to the maximum legal e>:tent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect. < J }1/V
Owners' initiais
d. Termination of Agreement for Default of City. Owner may terminaie this Agreement in the event of a default by City in the performance of a material term of this Agreement and only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such rictions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within sucl1 sixty (60) day period but can be cured within a longer time, has faiied io commence the actions necessary to cUie such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such defau!t.
Notwithstanding anything to the contrary, in the event that Owner deem it is necessary and/or advisable to cease operations in Cudahy, then Owner may terminate this Agreement, and such termination shall be effective upon the date of written notice to the City.
e. Attorneys' Fees and Costs. In any action or proceeding between City and Owner brought to interpret or enforce this Agreement, or which in any way arises out of the existence of this Agreement or is based upon any term or provision contained herein, the "prevailing party" in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this Agreement, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 14(e) include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding.
f. Owner Defau:t. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by City to be in default of the terms and conditions of this Agreement until such defauft thereafter is cured by Owner or is waived by City. if City terminates this Agreement because of Owner's default, then City shall retain any and all benefits, including money or land received by City hereunder.
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15. Third Partv Litigation
a. General Plan Litigation. City has determined that this Agreement is consistent with iis General Plan. Owner has reviewed the Genera: Plan and concurs with City's determination.
City shall h,::ve no liability under this Agreement or othervvise for any failure of City to perform under this Agreement, or for ihe inability of Owner to develop the Property as contemplated by the Agreement, which failure to perform or inability to develop is as the result of a judicial determination that the Genernl Pian, or portions thereof, are invalid or inadequate or not in compliance with !aw, or that this Agreement or any of City's actions in adopting it were invalid, inadequate, or not in compliance with the law.
b. Hold Harmless Aqreement. Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, aUorney's, contractors, consultants and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner's contractors, subcontiactors, agents, or employees' operations under this Agreement, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, agents, or employees operations under this Agreement. whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner's contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. c. indemnification. Owner shall defend, indemnify, and hold harmless City and its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consu!tants and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), whicl1 any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) the environmental impact report, mHigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of Siaple Room, LLC
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the Property; (iii) any claims based on or a!laging inverse condemnation by ai1y person or entity with an interest in the Property; and (iv) the proceedings undertaken in connection with the adoption or approval of any of the above. In the event of any iegal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provisio,n of this Agreement or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, City, at is sole option, may tender the complete defense of any thiid-party challenge as described herein. In the event City elects to contract with special counsel to provide for such a defense, City shaU meet and confer with Owner regarding the selection of counsel, and Owner shall pay al! costs related to retention of such counsel. d. Environmental Contamination. Owner shali indemnify and hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consu!tants and employees free ,md harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting and acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of an11 federal, state or local law, ordinance or regulation relating to industrial hy9iene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such claim, action or proceeding.
The provisions of this Section 15(d) do not apply to environmental conditions that predate Owner's ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit or modify any of Owner's statutory or equitable obligations as an owner or seller o'f the Property.
e. City to Approve Counsel. With respect to Sections 15(a) through 1 S(d), City reserves the right to approve the aitorney(s) which Owner selects, hires or otherwise engages to defend City hereunder, \Nhich approval shall not be unreasonably withheld.
f. Accept Reasonable Good Faith Settlement. With respect to Article i 5, City shall not reject any reasonable good faith settlement. If City does reject a reasonable, good faith seti:lernent ihnt is acceptable to Owner, Owner may enter Staple Room, LLC
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16. into a sett!ement of the action, as it reiates to Owner, and City shall thereafter defend such action (including c:ppenls) at its own cost and be solely responsible for any judgment rendered in connection with such action. This Section 15{f) applies exclusively io settlements pertaining to monetary damages or damages which are remedial by the payment of rnonetar1 compensation. Owner and City expressly a!Jree that this Section 15(f) does not apply to any settlement that requires an 13xercise of City's police powers, limits City's exercise of its police powers, or affects the conduct of City's municipal operations. g. Survival. The provisions of Sections 15(a) through 15(l1 inclusive, shall survive the termination or expiration of the Agreement.
California Environmental Quality Act
Owner shall reimburse City for any and all costs incurred by City related to project review under the California Environmental Quality Act (CEQA), Public Resources Code, §§21000-21189.3, and the Guidelines for California Environmentai Quality Act, California Code of Regulations, Title 14, §§15000-15387. If reasonabiy requested by City, Owner shall conduct and pay for any required CEQA reviews and analyses. The City has found that the proposed Project is Categorically Exempt from California Environmental Quality Act (CEQA) require, nents under provisions of CEQA Guideiines Section ·HKHn - Existing Facilities. This exemption applies to projects characterized as alterations to existing facilities meeting the conditions described in s ~c~Hon 15301 . i 7. Rules, Regulations, and Official Policies
Except as otherwise provided in this Agreement, the ruies, regulations, and official policies of City governing permitted uses of the land, governing density, and governing the design, improvements, and construction standards and specifications applicable to the development of the Project subject of this Agreement, shall be those rules, regulations, and official policies of City in force at the time of the execution of this Agreement. This Agreement does not prevent City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor does this Agre-~ment prevent City from denying or conditionally approving any subsequent development project application based on such existing or new rules, regulations, or policies.
18. ReCiulatory Permit Conditions of Approval
Owner shall comply with al! conditions of approval of the Regulatory Permit approved by City Council.
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19. Periodic Reviews
This Agreement shall be subject to annual review. Owner and Lancliord e){ecuting th:s Agreement, or successor in interest thereto, shell demonstrate good faith compliance with the terms of this Agreement. If, as a result of such periodic review, City finds and determines, based on substantial evidence, that Owner or Landlord executing this Agreement, or successor in interest thereto, has not complied in good faith with the terms or conditions of this Agreement, City may terminate or modify this Agreement (except no modification shal! increase Ownei's liability nor reduce Owner's rights), provided that City shall first provide Owner notice of its intent to terminate, with a detailed explanation as to why, and provide Owner the reasonable right to cure the same.
a. periodic Review. City Council shall review this Agreement annually, on or before each anniversary of the Effective Date, in order to ascertain Owner's good faith compliance ~vith this Agreement. During the periodic review Owner shall be required to demonstrate good faith compliance with the terms of the Agreement, through submitting an annual monitoring report, records, or equivalent written materiais to the Plannin!] Department. The Planning Department will schedule a hearing on the periodic review of the Development Agreement on or following the anniversary of the Effective Date, but Ownei has no obligation to compel such hearing, and no implication will be made to Owner's detriment if a hearing is not in fact held. Owner shall document Hny request for an extension of the term due to delays beyond the control of Owner (see Section 230), "Force Majeure").
Owner shall submit an annual review and administration fee deposit not to exceed City's estimated internal and third-party costs associated with the review and administration of this Agreement during the succeeding year, consis!ent with Section 23(1<) ("Deposit with City") below. City shall provide Owner said estimate a reasonable time in advance of the annual review and administration fee deposit being due.
b. Conditional Use Permit. For all intents and purposes, the Regulatory Permit to be issued under this Agreement shall be treated as if it were a Conditional Use Permit issued to Owner for the establishment and operation of its business. The operation of the business at all times shall be required to comply with the terms of this Agreement
c. Specia, Review. City Council may order a special review of compliance with this Agreement at any time. The Planning Director or his or her designee shall conduct such special review. During a special review, Owner shall be Staple Room, LLC
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required to demonstrate good faith compiiance with the terms of the Agreement The burden of proof on this issue shaH be on Owner.
d. Review HearinQ. At the time and place set for the review hearing, Owner shall be givan an opportunity to be heard. If City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, City Council me:y terminate 1:his Agreement notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement and impose such conditions ::.:.:s are reasonably necessary to protect the interests of City. The decision of City Council shall be final, subject only to judicial review pursuant to Code oi Civil Procedure Section 1094.5. e. Certificoie of Agreement Compliance. If, after a periodic or special review, Owner is found to be in compliance with this Agreement, and if Owner requests it, City shall issue a Certificate of Agreement Compliance ("Certificate") io Owner stating that ,;fter the most recent periodic or special review, and based upon the information known or made known to the Planning Director and City Council, that (i) this Agreement remains in effect and (ii) Owner is not in default.
City shall not be bound by a Cer'dficate if a default existed at the time of the periodic or special review, but was concealed from or othervvise not known to the Planning Director and Cay Council, regardless o'f whether the Cetiificate is relied upon by assignees or other tiansferees or Owner.
f. Failure to Conduct Review. City's failure to conduct a periodic review of this Agreement shall not constitute a breach of this Agreement. g. Cost of Review. The costs incurred by Ciiy in connection with the periodic reviews shall be borne by Owner.
20. Assignment
Assignment bv Owner. Owner shall not transfer, de!egate, sublet or assign its interest, rights, duties, and obligations under this Agreement without the prior written consent of City, which consent shall not be unreasonably withheld. Owner shall submit a transfer application to the City Manager or City Manager's designee and pay any applicable transfer fee. The proposed transferee must show proof of lawful transfer of possession of the applicable loc~tion as may be acceptable to the City. Owner is aware it mayy take the Ciiy approximately six (6) months to process a transfer application.
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Any assignment, delegation, subletting or assignment without the prior written consent of City shall be null and void. Any transfer, delegation, subletting or assignment by Owner as authorized herein shall be effective only if and upon the party to whom such transfer, delegation, sub!etttng or assignment is made is issued a Regulatory Permit as required under Section 5.20.0?0(i) of the municipal code.
Ooeratinq Commercial Cannabis Faci!ity
Any party to this Agreement, or successor in interest thereto, shall not operate a commercial cannabis 'facility authorized under the municipal code unless:
22. a. lt is the holder of a valid Regu!atory Permit issued by City in aiccordance with the procedures and requirement of Sections 5.20.110 [Medicinal Cannabis Products Manufacturing]; 5.20.130 [Medicin~i Cannabis Prcduct:s Distribution] of the municipal code; and, b. At such time as the State of California requires commercial cannabis facilities and businesses to hold a valid license or permit issued by the State of California, it also holds such license or permit, unless, however, such pei-mit or license is not required by the State of California for the type of commercial cannabis facility or business operation that is the subject of this Agreement.
Notice
Any notice or communication required heieunder between City and Owner must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or comrnunication shall be deemed to have been given and ieceived on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properiy addressed, with postage prepaid, is deposited in the United States mail. lf given by Federal Express or similar courier, a <iotice or communication shall be deemed to have been given and received on the date d~livered, as shown on a receipt issued by t.i1e courier. Any Party hereto may (it any time, by giving ten ('i O} days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
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!f to City:
and
If to Owner:
If to Landlord:
With a courtesy copy to:
23. Misceilaneous Provisions
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Attention: City Clerk
Special Counsel, Glenn Ward Calsada, Esq.
Law Offices of Glenn Ward Calsada
23283 Ventura Boulevard
Woodland Hil!s, CA 91364
Staple Room, LLC
Attn:Sacha de Nijs, Manager
~931 Cecilia Street
Cudahy, CA 9020i
ASJ Properties, LLC
4915 Ceci:ia Street
Cudahy, CA 90201
a. Amendment or Cancellation. This Agreement may be amended, or canceled in v,1hole or in part, only by the written mutual consent of the parties to this Agreement or their successors in interest, except that minor amendments that do not affect a substantive provision of this Agreement may be approved by ihe City Manager on behaif of the City. The decision whether a proposed amendment is "minor" shall be in the exclusive discretion of the City Manager. b. Waiver. Waiver by City of any one or more of the terms or conditions of this Agreement sha!I not be construed as waiver of any other term or condition under this Agreement.
c. Enforcement/Reserved Powers. Unless amended or canceled pursuant hemto, this Agreement shall be enforceable by any party hereto, or successor in interest thereto, notwithstanding any subsequent change in any applicable Staple Room, LLC
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general Oi specific plan, zoning, subdivision or buiiding regulation, or municipal code amendment adopted by City that conflicts with the terms of this Agreement.
Hovvever, this Agreement is subject to the City's "Reserved Powers." For purposes of this Agreement, "Reserved Powers" means the rights and authority excepted from this Agr(3ement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the powers to enact regulations or ·cake future discretionary 3ctions after the Effective Date of this Agreement that: (1) are necessary to pmtect the public health and safeiy, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such a.s floods, earthquak.es and similar acts of God); (2) are amendments to California Marijuami Laws or California Uniform Codes, as adopted by the City of Cudahy, and/or the Cudahy Municipal Code, as .~pplicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Site; (3) are necessary to comply Vlfith state or federal laws 2nd regulations; or (4) involve sign and parking ordinances and guidelines, changes to the Overlay Zone, 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 Cudahy 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 Regulatory Permit, business license or other authorizations and City approvals, or reduce development rights or assurances provided to the Owner in this Agreerrent, then such changes, additions or deletions to the Cudahy 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 legis!ative action subject to referendum. The parties shall cooperate with each ether and undertake such reasonable actions as may be appropriate to ensure this Agreement remains in fuli force and effect and is implemented in accordance with its terms and to the fullest extent permitted by state or federal law. f\lotwithstanding anything to the contrary in this Agreement, site improvements contemplated by this Agreement shall be completed pursuant to the development standards and design guidelines lo be adopted by the zoning code amendment.
d. Joint ;.;.nd Several Liabilitv. Owner 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 shali also constitute a breach of this Agreement by the other Party.
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e. Severabilitv. If any part of this Agreement is found to conflict with applicable state laws or regulations, such pari: shall be inoperative, null, and void insofar as it conflicts with said laws or regulations, or modified or suspended as may be necessary io comply with such state laws or regulations, but the remainder of this Agreement shall continue to be in full force and effect. f. Counterparts. This Agreement may be executed in one or more counterparts, each of which sha.11 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.
g. 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 Los Angeles Superior Court.
h. Disclaimer. Despite Ca!ifornia's commercial cannabis laws and t11e terms and conditions of this Agreement, any Conditional Use Permit, or any Regulatory Permit issued percaining to Owner or the property specified herein, California commercial cannabis cultivators, transporters, 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 USC§ 801, prohibits the manufacture, distribution, and possession of cannabis without any exemptions for medical use.
i. Force Majeure. If delays are caused by unforeseen events beyond the control o'f Owner, such deiays will entitle Owner to an extension of time as provided in this section. Such unforeseen events ("Force i\fajeure") shall mean war, insurraction, 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.
j. Costs and Fees. Intentionally omitted.
k. Constructive Notice and Acceptance. Every person who ofter 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 aii rights and interests of such person in the Staple Room, LLC
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Site shall be subject to the terms, requirements, and provisions of ihis Agreement
!. Binding Effect of Aqreement The Parties agree tha1t the Recitals 2bove are true and correct and intend to be bound by same. Except as otheiwise 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. !n order to provide constructive notice thereof, the City Cierk will record this Agreement with the Los Angeles County Recorder within the period required by Government Code Section 65868.5.
n,. Proiect 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, ihat neither party is acting as the agent of the other in any respect hereunder, and that each pBrl:y is an independent contracting entity with respect to the terms, covenants and conditions contained ir. this Agreement. No partnership, joint venture or other association of any l<ind is formed by this Agreement. The oniy relationship between the City and the Owner is that of a government entity regulating the development of private property and the owner of such property.
n. Chanaes to Project. The parties acknowledge that changes to the Project or Development Plans and 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 app!ying, with the consent or at the request of the Owner, 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 obiigate the City to grant other similar changes or requests. As used herein, "Subsequent Development Approvals" include, without limitation, all excavation, grading, bui!ding, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other non-discretionary permits or approva!s necessary, convenient or appropriate for ihe Project. As used herein, "Subsequent Land Use Regulations" means ordinances, resolutions and codes adopted or approved by the City after the Effective Date of this Agreement governing the development and use of the l,md, including genera! plan amendments, zone changes, variances or conditional use permits i~ffecting the permiHed 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 Staple Room, LLC
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ATTACHMENT F
purposes, and the design, improvement and construction ,md initia.l occupancy standards and specifications applicable to the Development of the Properly. o. Conflicting Federal or Stc.ite Rules. ln the event that any conflicting federal or state laws or regulations, enacied after the Efiective 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) Noiice of Conflict. Either party, upon learning of any such matter, will provide the other party with written notice thereoi and provide a copy of any such law, regulation or policy together vvith a statement of how any such matter conflicts with the provisions ofihis Agreement; and (ii) 1\/lodification Conference~. The parties shall, within thirty (30) days of the notice referenced to in the preceding subsection, meet and confer in good faith and attempt io modify i:his Agreement to bring it into compliance with any such federal or state law or regulation.
(iii) City Counci! 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 sh .. :ill be scheduled for hearing before the City Council. The City Council shall determine the e,cact nature of the amendment necessitated by such federal or state law or regulation. Owner 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 revievt in accordance with California law. (iv) Citv Cooperation. The City shall cooperate with Owner iil 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 shall be responsible to pay alf applicable fees in connection with securing of such permits, licenses or other authorizations.
p. Effective Date. "Effective Date" means the date on which all of u,e following are true: (i) thirty (30) days have elapsed since the second reading of the Ordinance adopting cmd approving this Development Agreement and (ii) all Exhibits to this Agreement are finalired, 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 the Effective Date may not thereafter occur and this Agreement may not thereafter become effective.
Staple Room, LLC
DA# 18-015C
Development Agreement
122 of 385
ATTACHMENT F
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
CiTY OF CUDAHY
APPROVED AS TO FORM:
.,,.;:·'
-47."~:=t'''- ·
Glenn Ward CZilsada, Attorney at Law
Special Counsel for the City of Cudahy
Staple Room, LLC
DA# 18-015C
STAPLE ROOM, LLC
OWNER.
Nfme: Sa-ch~ de Nifs
Title: Managing Member
A notary plAllc or olher office, compleling this ce,1ificaIe verifies only !he identity of the indivicl1111l wllOsigned lhe document to whff:h this cerhficate is atlached, al1d not the truthfulness accuracy or valid~y of that document: · • '
Slate of California County of ~~"-;o. .,-;:-~-:t-'e~ -----=-.....,--,----,--~ ----- On 2/~h. 0 1-, 001oreme. 0V7 i:ofFN~,.J NotaryPubit:,
pe,sona!l-fappeare<l ~a c:.t.- Q:., /1,)J JS
whO proved lo me on the basis of sa!isfactory evidence to be the personjs) whose namtjs) is/ana sub8l:ribed lo the wilhin ins1rument and ar.kllolitedged to me !hat helshe/lhey executed the same in llillllef/11ieir eulllerize(! oapeeity[ies), and that by h1s/her/1~ signlllUle[s) Otl the instrument i1t pinon(1), or lhe ently upon behalf of which !he pef$0fl(S) adeG, executed Ille m1/lrnent. I C8l1ily under PENAi.rt OF PERJURY under1he lnls ol the State of California Iha! lhe foregoing paragraph is 1!Ue and --~-~~-~
Development Agreement
123 of 385
ATTACHMENT F
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES
On 03/07/2019 before me, Maria D. Garcia-Martinez a Notary Public (insert name and title of the officer)
personally appeared Jose R. Gonzalez
who proved to me on the basis of satisfactory evidence to be the person('$). whose name(0SJ is/~ e subscribed to the within instrument and acknowledged to me that he/s~e/t~ y executed the same in his/h~ r/t~ ir authorized capacity~ ). and that by his/h~ r/tl\eir signature~ on the instrument the person(\), or the entity upon behalf of which the person(~ acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature g~ (Seal)
124 of 385
ATTACHMENT F
EXHIBITS
A LEGAL DESCRIPTION
B PARCEL MAP
C LANDLORD CONSENT
D SITE AND FLOOR PLANS E ADDITIONAL BUSINESS STANDARDS (IF APPLICABLE)
F STANDARDS AND CONDITIONS FOR CONSTRUCTION (IF APPLICABLE) Staple Room, LLC
DA# 18-015C
Development Agreement
125 of 385
ATTACHMENT F
Ordiuance No. 7GO
Pa.ge ·2 or 6
era!, were presented to and ccnsidered by the City Council.
NO~/ THEREFORFE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
That the above Recitals are true and correct and are incorpo.·ated as though fuUy set forth herein.
SECTION 2. APPROVAL OF DEVEL OPIVIENT AGREEJ\IIENT
That the City Co'.lilcil hereby app,:oves the Deve!oprnent /.).greement By ru1d Ben-veen the City of Cudahy and Staple Room, LLC, a California limited liability company ("Development Agreement") [DA#1§ .. (t15C], a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A," subject to the tenns and conditions stated therein.
SECTION 3. APPROVAL OF COMMERCIAL CANNABIS PERMIT
That the City Council hereby approves Commercial Cannabis Permit No. CCP18-0015, subject to the tetms and conditions stated therein, to allow a Commerdai Cannabis Faciiity for the Site located at4931 Ce~,dia Street, City cf Cmfahy, CA as set fmth in the Development Agreement. A copy of the permit is attached hereto and incorporated herein by this reference as Exhibit "B." The Commercial Cannabis Permit shall be issued upon execution by the City of the Development Agreement.
SECTON 4. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
SECTION 5. EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take eftect thi1ty (30) days after its second reading by the City Council.
SECTION 6. EXECUTION OF DEVELOP1\1ENT AGREEMENT
The Development Agreement shall not be executed by the City until on or after the effective date of the Ordinance.
SECTION 7. RECORDATION OF DEVJLLOPMENT AGRE:EEMENT
That the City Clerk is hereby directed to record the fully executed Development 126 of 385
ATTACHMENT F
Ordinance :':o. 7(;C
Agreement with the County Recorder for the County of Los Angeles no later than ten (10) days after its execution.
SECTION 8. CERTIFICATION
That the City Clerk shall certif<; to the passage of this Ordinance and shall cause the same to be published, in full or in summary format, according to law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 18th day of December, 2018.
ATTEST:
Chris Garcia
Mayor
127 of 385
ATTACHMENT F
Ord;mu•cc 70()
-P11.ge 4 of 6
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CUDAHY
)
) )
CERTIFICATION
SS:
I, Richard Iglesias, Deputy City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 700 was introduced for a first reading on the 4th day of December, 2018 and approved for a second reading and adopted by said Council at its regular meeting held on the 18th day of December, 2018 by the following vote, to-wit:
AYES: Gonzalez, Hernandez, and Garcia
NOES: Sanchez
ABSENT: None
ABSTAIN: Markovich
128 of 385
ATTACHMENT F
(l1\Iina:1ce No. 700
fagc S of 6
EXHIBIT "A II
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF CUDAHY
AND VM EVERGREEN, LLC
A WYOMING LIMITED LIABILITY COMP ANY
SEE ATTACHME[,!T
129 of 385
ATTACHMENT F
f)fdin<:1nce ·J\.io. 700
i-= a2?~ 6 c·f6
EXHIBIT ' 'BH
COMMERCIAL CANNABIS PERMIT
SEE ATTAC!-IMENT
[The Permit will be based upon the Staff Report with
Conditions of Approval in a Letter to Follovv ]
130 of 385
ATTACHMENT F
ATTACHMENT F.
Exhibit A-F of Development Agreement
No. 18-015C
131 of 385 ATTACHMENT F Page 3111 of 3559
EXHIBITS
A LEGAL DESCRIPTION
B PARCEL MAP
C LANDLORD CONSENT
D SITE AND FLOOR PLANS
E ADDITIONAL BUSINESS STANDARDS (IF APPLICABLE)
F STANDARDS AND CONDITIONS FOR CONSTRUCTION (IF APPLICABLE) 132 of 385 ATTACHMENT F Page 3112 of 3559
EXHIBIT “A”
LEGAL DESCRIPTION
133 of 385 ATTACHMENT F Page 3113 of 3559
PROPERTY DETAIL REPORT
Prepared Exclusively for Glenn Calsada
Created: 11/13/2018
Expires: 12/13/2018
4931 CECILIA ST CUDAHY, CA 90201- C008
Owner Information
Owner Name: ASJ PROPERTIES LLC
Mailing Address: 4915 CECILIA ST CUDAHY CA 90201-5914 C008 Phone Number: Vesting Codes:
Owner Occupied Indicator: N Pending Record Indicator:
Corporate Owner:
Location Information
Legal Description: TRACT # 180 E 50 FT OF S 215 FT OF LOT 204 County: LOS ANGELES APN: 6224-024-009
Census Tract / Block: 5343.01 Alternate APN:
Township-Range-Sect: Subdivision: 180
Legal Book - Page: 13-198 Map Reference: 59-D2 /
Legal Lot: 204 Tract #: 180
Legal Block: School District: LOS ANGELES
Market Area: T5 Munic / Township:
Neighbor Code:
Owner Transfer Information
Recording / Sale Date: 01/01/2011 Sale Price:
Document #: Deed Type: QUIT CLAIM DEED
Instrument #: 000000275918 1st Mtg Document #:
Book - Page:
Last Market Sale Information
Recording / Sale Date: 09/20/1988 / 05/00/1988 1st Mtg Amount / Type: $320,785.00 / PRIVATE PARTY
Sale Price: $450,000.00 1st Mtg Int. Rate / Type: /
Sale Type: FULL 1st Mtg Term:
Document #: 1505611 1st Mtg Document #:
Instrument #: 000001505611 1st Mtg Instrument #:
Book - Page: 1st Mtg Book - Page:
Deed Type: GRANT DEED 2nd Mtg Amount / Type: /
Transfer Document #: 2nd Mtg Int. Rate / Type: /
New Construction: 2nd Mtg Term:
Multi / Split Sale: MULTIPLE Price per SqFt: $52.79
Cash Down Payment: Stamps Amount: $495.00
Title Company: COMMONWEALTH TITLE CO
Lender:
Seller Name: MOONEY BEVERLY H
Prior Sale Information
Prior Rec / Sale Date: / Prior Deed Type:
Prior Sale Price: Prior Lender:
Prior Sale Type: Prior 1stMtg Amount/Type: /
Prior Doc #: Prior 1stMtg Int. Rate/Type: /
Prior Instrument #: Prior Stamps Amount:
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134 of 385 ATTACHMENT F Page 3114 of 3559
Prior Book - Page:
Site Information
Land Use: WAREHOUSE Acres: .2474 County Use: WHSE-UNDER 10000 SF
Flood Zone: Lot Area: 10778 State Use:
Flood Zone Map: Lot Width / Depth: / Site Influence:
Flood Panel Date: Usable Lot: 10746 Sewer Type:
Res / Comm Units: 1 Lot Shape: Topography: ROLLING/HILLY # of Buildings: 1 Bldg Width / Depth: / Water Type:
Zoning: CUM2* Building Class: Water District: CENTRAL AND
W BASIN
Tax Information
Total Value: $275,918.00 Assessed Year: 2018 Property Tax: $4,679.63 Land Value: $115,437.00 Improve %: Tax Area: 631
Improvement Value: $160,481.00 Dist: Tax Year: 2017
Total Taxable Value: $275,918.00 Fire Dist: CONSOLIDATED CO Tax Exemption:
Market Value: Garbage Dist: Equal Rate:
Delinquent Date: Equal Year:
Property Characteristics
Gross Area: 8525 Parking Type: Construction:
Living Area: 8525 Garage Area: Heat Type:
Tot Adj Area: Garage 2 Area: Heat Fuel:
Above Grade: Garage Capacity: Parcel Fuel:
Ground Floor Area: Parking Spaces: Exterior Wall:
Base / Main Area: / Carport: Interior Wall:
Upper Area: Basement Area: Foundation:
2nd Floor Area: Finish Bsmnt Area: Air Cond:
3rd Floor Area: Basement Type: Roof Type:
Rentable Area: Attic Type: Roof Shape:
Additional Area: Porch Type: Roof Frame:
Total Rooms: Porch 1 Area: Roof Material:
Bedrooms: Porch 2 Area: Floor Type:
Bath (F/H): / Patio Type: Floor Cover:
Total Baths / Fixtures: / Patio 1 Area: Style:
Year Built / Eff: 2008 / 2008 Pool: Quality:
Fireplace: Pool Area: Condition:
Fireplace Description: # of Stories:
Basement Description: Other Rooms:
Other Improvements:
Bldg Comments:
Parcel Comments:
Extra Features
Description: Unit: Size / Qty: Width: Depth: Year Built: Improvement Value:
NETRonline and its data supplier(s) do not guarantee nor include any warranty of any kind whether expressed or implied, about the validity of all information in this report since this information is retrieved as it is recorded from the various agencies that make it available.
Copyright 2007 Nationwide Environmental Title Research, LLC Viewing Property Detail Report for Glenn Calsada https://datastore.netronline.com/viewReport.aspx?reportID=936167&Pu... 2 of 2 11/13/2018, 11:06 AM
135 of 385 ATTACHMENT F Page 3115 of 3559
EXHIBIT “B”
PARCEL MAP
136 of 385 ATTACHMENT F Page 3116 of 3559
137 of 385 ATTACHMENT F Page 3117 of 3559
EXHIBIT “C”
LANDLORD CONSENT
138 of 385 ATTACHMENT F Page 3118 of 3559
139 of 385 ATTACHMENT F Page 3119 of 3559
140 of 385 ATTACHMENT F Page 3120 of 3559
EXHIBIT “A”
LEGAL DESCRIPTION
141 of 385 ATTACHMENT F Page 3121 of 3559
PROPERTY DETAIL REPORT
Prepared Exclusively for Glenn Calsada
Created: 11/13/2018
Expires: 12/13/2018
4931 CECILIA ST CUDAHY, CA 90201- C008
Owner Information
Owner Name: ASJ PROPERTIES LLC
Mailing Address: 4915 CECILIA ST CUDAHY CA 90201-5914 C008 Phone Number: Vesting Codes:
Owner Occupied Indicator: N Pending Record Indicator:
Corporate Owner:
Location Information
Legal Description: TRACT # 180 E 50 FT OF S 215 FT OF LOT 204 County: LOS ANGELES APN: 6224-024-009
Census Tract / Block: 5343.01 Alternate APN:
Township-Range-Sect: Subdivision: 180
Legal Book - Page: 13-198 Map Reference: 59-D2 /
Legal Lot: 204 Tract #: 180
Legal Block: School District: LOS ANGELES
Market Area: T5 Munic / Township:
Neighbor Code:
Owner Transfer Information
Recording / Sale Date: 01/01/2011 Sale Price:
Document #: Deed Type: QUIT CLAIM DEED
Instrument #: 000000275918 1st Mtg Document #:
Book - Page:
Last Market Sale Information
Recording / Sale Date: 09/20/1988 / 05/00/1988 1st Mtg Amount / Type: $320,785.00 / PRIVATE PARTY
Sale Price: $450,000.00 1st Mtg Int. Rate / Type: /
Sale Type: FULL 1st Mtg Term:
Document #: 1505611 1st Mtg Document #:
Instrument #: 000001505611 1st Mtg Instrument #:
Book - Page: 1st Mtg Book - Page:
Deed Type: GRANT DEED 2nd Mtg Amount / Type: /
Transfer Document #: 2nd Mtg Int. Rate / Type: /
New Construction: 2nd Mtg Term:
Multi / Split Sale: MULTIPLE Price per SqFt: $52.79
Cash Down Payment: Stamps Amount: $495.00
Title Company: COMMONWEALTH TITLE CO
Lender:
Seller Name: MOONEY BEVERLY H
Prior Sale Information
Prior Rec / Sale Date: / Prior Deed Type:
Prior Sale Price: Prior Lender:
Prior Sale Type: Prior 1stMtg Amount/Type: /
Prior Doc #: Prior 1stMtg Int. Rate/Type: /
Prior Instrument #: Prior Stamps Amount:
Viewing Property Detail Report for Glenn Calsada https://datastore.netronline.com/viewReport.aspx?reportID=936167&Pu... 1 of 2 11/13/2018, 11:06 AM
142 of 385 ATTACHMENT F Page 3122 of 3559
Prior Book - Page:
Site Information
Land Use: WAREHOUSE Acres: .2474 County Use: WHSE-UNDER 10000 SF
Flood Zone: Lot Area: 10778 State Use:
Flood Zone Map: Lot Width / Depth: / Site Influence:
Flood Panel Date: Usable Lot: 10746 Sewer Type:
Res / Comm Units: 1 Lot Shape: Topography: ROLLING/HILLY # of Buildings: 1 Bldg Width / Depth: / Water Type:
Zoning: CUM2* Building Class: Water District: CENTRAL AND
W BASIN
Tax Information
Total Value: $275,918.00 Assessed Year: 2018 Property Tax: $4,679.63 Land Value: $115,437.00 Improve %: Tax Area: 631
Improvement Value: $160,481.00 Dist: Tax Year: 2017
Total Taxable Value: $275,918.00 Fire Dist: CONSOLIDATED CO Tax Exemption:
Market Value: Garbage Dist: Equal Rate:
Delinquent Date: Equal Year:
Property Characteristics
Gross Area: 8525 Parking Type: Construction:
Living Area: 8525 Garage Area: Heat Type:
Tot Adj Area: Garage 2 Area: Heat Fuel:
Above Grade: Garage Capacity: Parcel Fuel:
Ground Floor Area: Parking Spaces: Exterior Wall:
Base / Main Area: / Carport: Interior Wall:
Upper Area: Basement Area: Foundation:
2nd Floor Area: Finish Bsmnt Area: Air Cond:
3rd Floor Area: Basement Type: Roof Type:
Rentable Area: Attic Type: Roof Shape:
Additional Area: Porch Type: Roof Frame:
Total Rooms: Porch 1 Area: Roof Material:
Bedrooms: Porch 2 Area: Floor Type:
Bath (F/H): / Patio Type: Floor Cover:
Total Baths / Fixtures: / Patio 1 Area: Style:
Year Built / Eff: 2008 / 2008 Pool: Quality:
Fireplace: Pool Area: Condition:
Fireplace Description: # of Stories:
Basement Description: Other Rooms:
Other Improvements:
Bldg Comments:
Parcel Comments:
Extra Features
Description: Unit: Size / Qty: Width: Depth: Year Built: Improvement Value:
NETRonline and its data supplier(s) do not guarantee nor include any warranty of any kind whether expressed or implied, about the validity of all information in this report since this information is retrieved as it is recorded from the various agencies that make it available.
Copyright 2007 Nationwide Environmental Title Research, LLC Viewing Property Detail Report for Glenn Calsada https://datastore.netronline.com/viewReport.aspx?reportID=936167&Pu... 2 of 2 11/13/2018, 11:06 AM
143 of 385 ATTACHMENT F Page 3123 of 3559
EXHIBIT “B”
PARCEL MAP
144 of 385 ATTACHMENT F Page 3124 of 3559
145 of 385 ATTACHMENT F Page 3125 of 3559
EXHIBIT “C”
LEASE
146 of 385 ATTACHMENT F Page 3126 of 3559
EXHIBIT “D”
SITE AND FLOOR PLANS
147 of 385 ATTACHMENT F Page 3127 of 3559
SCALE:
06/30/19
09/10/18
STAPLE ROOM
PHILLIPE KFOURY
A1.0
EXTERIOR
RENDERS 4931 CECILIA S
t
CUDAHY, CA 90201
05/10/2018
148 of 385
ATTACHMENT F
G
N
EXISTING ZONING PLAN
08/11/2018
REVISION HISTORY
DRAWING ISSUED
09/09/2018 PLANNING REVISION
10/14/2018 PLANNING REVISION
SCALE: 1’ = 40’-0”
06/30/19
09/10/18
STAPLE ROOM
PHILLIPE KFOURY
A1.1
SITE PLAN 4931 CECILIA St
CUDAHY, CA 90201
05/10/2018
T OF-WAY WIDTH: 15 F - HT GRI
T Y30 F WA E ) DRIV (E
18’ TO CENTER LINE
36’ TOTAL WIDTH
(ROW)
ESS ACC
) (W/ LOCKBOX
EMP. VEHICULAR CIRCULATION
EMP. VEHICULAR CIRCULATION
SHP. VEHICULAR CIRCULATION
SHP. VEHICULAR CIRCULATION
N IRCULATIO C SHP. VEHICULAR
4931 CECILIA ST. A4
STAPLE ROOM
TENANT IMPROVEMENT
APN: 6224-024-009
4931 AREA: 11,165 SQ. FT. (0.26 ACRES)
LOT FAR: 0.76
EXISTING BUILDING AREA: 8,525 SQ. FT.
TOTAL LANDSCAPE AREA: 275 SQ. FT.
LICENSE TYPE: MANUFACTURING OF CANNABIS PRODUCT
DISTRIBUTION OF CANNABIS PRODUCT
OCCUPANCY TYPE: F1
ZONING: COMMERCIAL MANUFACTURING (CM)
TOTAL IMMIDIATE PARKING: 18
ROW TYPE: F COLLECTOR STREET
PARKING DIMENSIONS: 9’ x 18’
SHIPPING VEHICULAR CIRCULATION
EMPLOYEE VEHICULAR CIRCULATION
SITE LOCATION SITE LOCATION
Y PATHWA SS GRE E
ADJACENT TO 4915 PROPOSED CANNABIS FACILITY
ADJACENT TO 4925 PROPOSED CA
NNABIS FACILIT
Y
EXISTING BUILDING TO REMAIN
8,
PROPOSED CANNABIS FACILITY
525 sq. ft.
LINE PROPERTY LINE PROPERTY
PROPERTY LINE
L EXISTING PANE
NCE T YARD FE N FRO H 8 FT HIG
NCE E FE D H SI G 10 FT HI
GATE W/ VISITOR CHECK IN SYSTEM
N MBER SIG U T N E EXISTING STRE
A ARE G LOADIN
1 2 3 4 7 8 9 10 11 12 13 14 5 6
S T IA CECEL
15 16 17 18
PROPOSED ADDRESS SIGN
MAIN ENTRANCE
T YDRAN H EXISTING FIRE
ADJACENT TO EXISTING WAREHOUSE
K T BAC E 5’ S
PROPOSED BIKE RACK
-0” 18’
10’
’ 25
EGRESS PATH OF TRAVEL
PROPOSED COMPRESSED GAS TANK
EXISTING TRANSFORMER
G
4’-0”
NUM.
PARKING SCHEDULE
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 TYP.
VAN
ADA
STANDARD
149 of 385
ATTACHMENT F
SCALE: 1” = 40’-0”
A1.1.1
LANDSCAPE
PLAN
N
F A D E D
(323) 350-0051
1340 MONTECITO DRLOS ANGELESCA
90031
DESIGNER/ ARCHITEC
T
PHILLIPEKFOURY
HYDROZONE INFO TABLE
HYDROZONE
1 VERY LOW WATER USE A-1
275 SQ. FT.
275 SQ. FT.
100
100
137.5
137.5
DRIP
TOTAL
VALVE IRRIGATION AREA SQ. FT. %OF IRRIGATED AREA
ETWU < MAWA
ETWU = 5,230 GALLONS PER YEAR
ETWU = (49.7) (0.62) [(137.5)/.81) + 0]
ETWU = (ETo) (0.62) [(PF X HA)/IE) + SLA]
MAWA = 5,931 GALLONS PER YEAR
MAWA = (49.7) (.62) [(0.7 x 275) + (0.3 x 0)]
MAWA = (ETo) (.62) [(0.7 x LA) + (0.3 x SLA)]
AREA
MEXICAN BUSH SAGE
SALVIA SONOMENSIS
ALOE BARBADENSIS
ECHEVERIA
FESTUCA OVINA
TULBAGHIA VIOLACEA
SALVIA LEUCANTHA
1 GALLON
1 GALLON
1 GALLON
1 GALLON
1 GALLON
1 GALLON
5 GALLON
5 GALLON
CREEPING SAGE
(ORANGE FLOWERING)
ALOE VERA ASSORTMENT
FLOWER SUCCULENT
SHEEP FESCUE
(FLOWERING)
SOCIETY GARLIC
PLANT LEGEND KEY NOTES
SYMBOL SCIENTIFIC NAME COMMON NAME SIZE
POINT OF CONNECTION
WILKINS HOSE BIB 3/4” THREADED ON SCH 80 RISER
WILKINS PRESSURE REGULATOR 1-70XL REGULATE TO 80 PSI
BALL VALVE BRASS NIBCO 1’ - T585701 INSTALL ABOVE GROUND JM EAGLE OR EQUAL MAIN LINE SCH 40 ABOVE GROUND USE SCH 80 DRIP IRRIGATION VALVE RAINBIRD XACZ-C75-PRF 30 PSI - WORKING PSI NETAFIM INLINE DRIP TUBING TECHLINE .5 GPH @ 12” SPACING
IRRIGATION LEGEND
SYMBOL DESCRIPTION MANUFACTURER MODEL COMMENTS
SQ. FT.
HARDSCAPE AREA/PERMEABLE PAVING
50 50
MODERATE A-1 275 SQ. FT. .5
TOTAL
ETWU TABLE
HYDROZONE PLANT WATER USE PLANT FACTOR (PF) HYDROZONE
AREA SQ. FT. (HA)
PF X HA
AREA SQ. FT.
1/2” BLACK LAVA ROCK
IRRIGATED PLANT AREA
DECOMPOSED GRANITE
4931 CECILIA ST.
CUDAH
Y, CA 9020
1 7 AN IRRIGATION AUDIT REPORT SHALL BE COMPLETED AT THE TIME OF FINAL INSPECTION.
LICENSED LANDSCAPE CONTRACTOR FOR THE PROJECT.
SIGNER OF THE LANDSCAPE PLANS, THE SIGNER OF THE IRRIGATION PLANS, OR THE 6 A CERTIFICATE OF COMPLETION SHALL BE FILLED OUT AND CERTIFIED BY EITHER THE KEPT WITH THE IRRIGATION CONTROLLER FOR SUBSEQUENT MANAGEMENT PURPOSES. 5 A DIAGRAM OF THE IRRIGATION PLAN SHOWING THE HYDROZONES SHALL BE THE EFFICIENT USE OF RECLAIMED OR RECYCLED WATER IN THE LANDSCAPE DESIGN PLANS. 4 I HAVE COMPLIED WITH THE CRITERIA OF THE ORDINANCE AND APPLIED THEM FOR WHERE LOW POINT DRAINAGE COULD OCCUR.
3 CHECK VALVES OR ANTI-DRAIN VALVES ARE REQUIRED ON ALL SPRINKLER HEADS OR EXCEEDS THE RECOMMENDED PRESSURE OF THE SPECIFIED IRRIGATION DEVICES. 2 PRESSURE REGULATING DEVICES ARE REQUIRED IF WATER PRESSURE IS BELOW OF PERMEABLE AREA SHALL BE INCORPORATED TO A DEPTH OF 6’ INTO SOIL.
COMPOST AT A RATE OF A MINIMUM OF FOUR CUBIC YARDS PER 1,000 SQ. FT. 1 FOR SOILS LESS THAN 6% ORGANIC MATTER IN THE TOP 6 INCHES OF SOIL,
WITH RAIN SENSOR
BY RAINBIRD MODEL ESP-SMTe
CONTROLLER (WEATHER BASED)
AUTOMATIC IRRIGATION
EPILOBIUM CANUM
ACANTHOCALYCIUM GLAUCUM
CALIFORNIA FUCHSIA
ECHINOPSIS GLAUCINA
1/2” BLACK LAVA ROCK
DECOMPOSED GRANITE (DG)
PARKING DIMENSIONS: 9’ x 18’
ROW TYPE: F COLLECTOR STREET
TOTAL IMMIDIATE PARKING: 18
ZONING: COMMERCIAL MANUFACTURING (CM)
OCCUPANCY TYPE: F1
DISTRIBUTION OF CANNABIS PRODUCT
LICENSE TYPE: MANUFACTURING OF CANNABIS PRODUCT
TOTAL LANDSCAPE AREA: 275 SQ. FT.
EXISTING BUILDING AREA: 8,525 SQ. FT.
LOT FAR: 0.76
4931 AREA: 11,165 SQ. FT. (0.26 ACRES)
APN: 6224-024-008
TENANT IMPROVEMENT
4931 CECILIA ST. A4
STAPLE ROOM
STAPLE ROOM
09/06/2018
C
B
A
A B C
150 of 385
ATTACHMENT F
D
D
55' - 4"
157' - 1 1/2"
MS MS MS MS MS
MS MS MS MS MS
SS SS
SS SS
40' - 7"
0' - 0" 2' - 0" 12' - 0"
0' - 0"
ROLL-UP DOOR
ROLL-UP DOOR
31' - 9 1/4" 9' - 10 3/4"
16' - 5 1/4"
ELEC ELEC
ELEC
SWI
MEC
SELF CLOSER AND CARD READER1 HOUR RATED WITH 3' - 6" X 7' - 0" STEEL DOORMAIN ENTRY 7' - 8 3/4" 7' - 8 1/2"
SCALE:
CANNA COMPLEX PROPOSAL
06/30/19
09/09/18
3/16" = 1'-0"
STAPLE ROOM PHILLIPE KFOURY
A1.3
EXISTING
FLOOR
PLAN
4931 CECILIA St
CUDAHY, CA 90201
10/14/2018
Checker
2. NO EXISTING INSULATION VISIBLE, EXCEPT FOR MAYBE BEHIND THE EASTSIDE DRYWALL 1. TOTAL BUILDING AREA: 8694.25 SQ. FT.NOTES:
SS
MS
LEGEND
WOOD FRAME PARTITION WALLDRYWALL/ MOUNTING WALLCORRUGATED METAL PANELSECONDARY STRUCTURAL MEMBERPRIMARY STRUCTURAL MEMBER N
151 of 385
ATTACHMENT F
CR
CR
CR CR CR
CR
CR
CR
CR
CR
DL
DL
DL
DL
DL
DL
DL
DL
DL
DL
TV
Refrigerator
D
D
CR
CR
DL
DL
1 2
3 4
5 6
7 55' - 4"
157' - 1 1/2"
26' - 0" 26' - 0" 26' - 0" 26' - 0" 26' - 0" 26' - 0"
ROLL-UP DOOR
ROLL-UP DOOR
31' - 9 1/4"
MECH
48 SF
SECURITY
CHECK
CONTROLREADER AND BUZZ-INWITH PANIC HARDWARE, CARD3' - 0" X 7' - 0" STEEL DOOR
CONTROL AREA
5 HOUR FIRE RATED CONSTRUCTION,
CLASS 1/DIV 1 ELECTRICAL
AUTOMATIC FIRE SPRINKLERS
DEDICATED VENTILATION SYSTEM WITH
GAS DETECTION AND ALARMS
17' - 11" SELF CLOSER AND CARD READER 1 HOUR RATED WITH 3' - 6" X 7' - 0" STEEL DOOR 66 SF
FREEZER
INSULATED FLOOR,
CONDENSER
ON FREEZER ROOF FIRE SPRINKLES CONTROL AREA DEDICATED VENTILATION WITH CHARCOAL FILTERS
LIQUID/SOLID
SEPARATOR
EXIT WITH PHEMERGENCY
MOP SINK
HAND WASH SINK
3 COMPARTMENT SS SINK
AND UNLOADING AREASECURE PRODUCT RECEIVING
4' GATE
12' - 0"
INSULATED FLOOR,
CONDENSER
ON FREEZER ROOF
66 SF
FREEZER
INSULATED FLOOR,
CONDENSER
ON FREEZER ROOF
66 SF
FREEZER77 SF F. LOCKER
77 SF
M. LOCKER
69 SF
BATHROOM
69 SF
BATHROOM
27' - 3 1/8" 52' - 10 7/8" 40' - 4"
(E)
(E)
16' - 0"
3500 SF
DISTRIBUTION
221 SF
POST
PROCESSING
221 SF
MECHANICAL
CHASE
454 SF
FLAMMABLE GAS
STORAGE /
USAGE
1186 SF
MANUFACTURING
/ PACKAGING
233 SF
EMP. BREAK 188 SF
QUARANTINE /
TESTING
5' - 0"
8' - 0"
7' - 0"
11' - 0" 10' - 0"
WITH PANIC HARDWARE3' - 0" X 7' - 0" STEEL DOOR
WITH PANIC HARDWARE3' - 0" X 7' - 0" STEEL DOOR
WITH PANIC HARDWARE3' - 0" X 7' - 0" STEEL DOOR
7' - 0"
COUNTER
FORKLIFT
R 6' - 6"
13' - 11" 36' - 9 7/8" 5' - 2" 50' - 11 1/8" 5' - 0"
14' - 7 31/32" 20' - 4"
17' - 2 19/32" 18' - 6 1/4" 624 SF HALLWAY COMMON 96 SF UTILITY 77 SF OFFICE 1 A3.0
1 A3.0
5' - 0" 6' - 0" 6' - 0" 8' - 0" 8' - 0"
40 SF
DATA / DVR
VAULT
48 SF
SECURITY
CHECK 64 SF LOBBY 64 SF LOBBY
SELF CLOSER AND CARD READER1 HOUR RATED WITH 3' - 6" X 7' - 0" STEEL DOORMAIN ENTRY - MANUFACTURING SELF CLOSER AND CARD READER1 HOUR RATED WITH 3' - 6" X 7' - 0" STEEL DOORMAIN ENTRY - DISTRIBUTION
FIRE EXTINGUISHERWALL MOUNTED
CONTROL AREA
CLASS 1/DIV 1 ELECTRICAL
5 HOUR FIRE RATED
AUTOMATIC FIRE
CONSTRUCTION,
SPRINKLERS
DEDICATED VENTILATION
SYSTEM
CONTROL AREA
CLASS 1/DIV 1 ELECTRICAL
5 HOUR FIRE RATED
AUTOMATIC FIRE
CONSTRUCTION,
SPRINKLERS
DEDICATED VENTILATION
SYSTEM
353 SF
PROCESSING
LIQUID / SOLID
10' - 0" 14' - 7 1/4" 6' - 0"
1' - 4 3/8" 12' - 1 3/4" 15' - 11 1/4"
25' - 4" 12' - 4" 12' - 3 7/8"
7' - 9" 7' - 9" 7' - 9" 10' - 11"
13' - 7 3/16"
2' - 6" 3' - 9 9/16"
8' - 8"
37' - 3" 6' - 0" 1' - 5"
17' - 7 1/4"
38' - 5 3/8"
30' - 6"
7' - 8 3/4" 7' - 8 1/2"
8' - 10 3/4"
15' - 11 1/4"
3' - 9 1/4" 3' - 4"
5' - 4 3/32"
SCALE:
CANNA COMPLEX PROPOSAL
06/30/19
09/09/18
3/16" = 1'-0"
STAPLE ROOM PHILLIPE KFOURY
A1.5
PROPOSED
FLOOR
PLAN
4931 CECILIA St
CUDAHY, CA 90201
10/14/2018
Checker
4. EPOXY FLOOR FINISH3. R-30 ROOF INSULATION2. AUTOMATIC FIRE SPRINKLERS EVERYWHERE1. TOTAL BUILDING AREA: 8694.25 SQ. FT.NOTES: LEGEND
FREEZER WALLPROPOSED CONTROL AREAPROPOSED BLOCK WALL EXISTING WALLELEMENTS TO BE DEMOLISHED N
HIGH
WALL MOUNTED FIRE EXTINGUISHER8' HIGH CHAIN LINK FENCE
LA
LA LA LA
LA
LA LIMITED ACCESS INDICATOR
LA LA LA
LA
LA
LA
152 of 385
ATTACHMENT F
CR
CR
CR CR CR
CR
CR
CR
CR
CR
DL
DL
DL
DL
DL
DL
DL
DL
DL
DL
TV
Refrigerator
D
D
CR
CR
DL
DL
1 2 3 4 5 6 7
55' - 4"
157' - 1 1/2"
"0 - '62 "0 - '62 "0 - '62 "0 - '62 "0 - '62 "0 - '62
ROLL-UP DOOR
ROLL-UP DOOR
31' - 9 1/4" 9' - 10 3/4"
MECH
48 SF
SECURITY
CHECK
3' - 0" X 7' - 0" STEEL DOOR
READER AND BUWITH PANIC HARDWARE, CARD
ZZ-IN
CONTROL
CONTROL AREA
5 HOUR FIRE RATED CONSTRUCTION,
CLASS 1/DIV 1 ELECTRICAL
AUTOMATIC FIRE SPRINKLERS
DEDICATED VENTILATION SYSTEM WITH
GAS DETECTION AND ALARMS
17' - 11"3' - 6" X 7' - 0" STEEL DOOR
SELF CLOSER AND CARD READER1 HOUR RATED WITH
66 SF
FREEZER
INSULATED FLOOR,
CONDENSER
ON FREEZER ROOF
CONTROL AREA
FIRE SPRINKLES
DEDICATED
VENTILATION
WITH
CHARCOAL
FILTERS
LIQUID/SOLID
SEPARATOR
EEMERGENCY
XIT WITH PH
MOP SINK
HAND WASH SINK
3 COMPARTMENT SS SINK
SECURE PRODUCT RECEIVING AND UNLOADING AREA
4' GATE
12' - 0"
INSULATED FLOOR,
CONDENSER
ON FREEZER ROOF
66 SF
FREEZER
INSULATED FLOOR,
CONDENSER
ON FREEZER ROOF
66 SF
FREEZER77 SF F. LOCKER
77 SF
M. LOCKER
69 SF
BATHROOM
69 SF
BATHROOM
27' - 3 1/8" 52' - 10 7/8" 40' - 4"
(E)
(E)
16' - 0"
3500 SF
DISTRIBUTION
221 SF
POST
PROCESSING
221 SF
MECHANICAL
CHASE
454 SF
FLAMMABLE GAS
STORAGE /
USAGE
1186 SF
MANUFACTURING
/ PACKAGING
233 SF
EMP. BREAK 188 SF
QU
TESTING
ARANTINE /
5' - 0"
8' - 0"
7' - 0"
11' - 0" 10' - 0"
3' - 0" X 7' - 0" STEEL DOOR
WITH PANIC HARDWARE
3' - 0" X 7' - 0" STEEL DOOR
WITH PANIC HARDWARE
3' - 0" X 7' - 0" STEEL DOOR
WITH PANIC HARDWARE
7' - 0"
COUNTER
FORKLIFT
R 6' - 6"
13' - 11" 36' - 9 7/8" 5' - 2" 50' - 11 1/8" 5' - 0"
14' - 7 31/32" 20' - 4"
17' - 2 19/32" 18' - 6 1/4" 624 SF HALLWAY COMMON 96 SF UTILITY 77 SF OFFICE 1 A3.0
1 A3.0
5' - 0" 6' - 0" 6' - 0" 8' - 0" 8' - 0"
40 SF
DATA / DVR
VAULT
48 SF
SECURITY
CHECK 64 SF LOBBY 64 SF LOBBY
MAIN ENTRY - MANUFACTURING3' - 6" X 7' - 0" STEEL DOOR
SELF CLOSER AND CARD READER1 HOUR RATED WITH
MAIN ENTRY - DISTRIBUTION
3' - 6" X 7' - 0" STEEL DOOR
SELF CLOSER AND CARD READER1 HOUR RATED WITH
WALL MOUNTED
FIRE EXTINGUISHER
CONTROL AREA
CLASS 1/DIV 1 ELECTRICAL
5 HOUR FIRE RATED
AUTOMATIC FIRE
CONSTRUCTION,
SPRINKLERS
DEDICATED VENTILATION
SYSTEM
CONTROL AREA
CLASS 1/DIV 1 ELECTRICAL
5 HOUR FIRE RATED
AUTOMATIC FIRE
CONSTRUCTION,
SPRINKLERS
DEDICATED VENTILATION
SYSTEM
353 SF
LIQUID / SOLID
PROCESSING
SCALE:
CANNA COMPLEX PROPOSAL
06/30/19
09/09/18
3/16" = 1'-0"
STAPLE ROOM PHILLIPE KFOURY
A1.5.1
MANUFACTURING
LICENSE
DIAGRAM
4931 CECILIA St
CUDAHY, CA 90201
10/14/2018
Checker
NOTES:1. TOTAL BUILDING AREA: 8694.25 SQ. FT.2. AUTOMATIC FIRE SPRINKLERS EVERYWHERE3. R-30 ROOF INSULATION4. EPOXY FLOOR FINISH LEGEND
MANUFACTURING LICENSE
N
LA
LA LA LA
LA
AL AL LA
LA
LA
LA
153 of 385
ATTACHMENT F
CR
CR
CR CR CR
CR
CR
CR
CR
CR
DL
DL
DL
DL
DL
DL
DL
DL
DL
DL
TV
Refrigerator
D
D
CR
CR
DL
DL
1 2 3 4 5 6 7
55' - 4"
157' - 1 1/2"
"0 - '62 "0 - '62 "0 - '62 "0 - '62 "0 - '62 "0 - '62
ROLL-UP DOOR
ROLL-UP DOOR
31' - 9 1/4" 9' - 10 3/4"
MECH
48 SF
SECURITY
CHECK
3' - 0" X 7' - 0" STEEL DOOR
READER AND BUWITH PANIC HARDWARE, CARD
ZZ-IN
CONTROL
CONTROL AREA
5 HOUR FIRE RATED CONSTRUCTION,
CLASS 1/DIV 1 ELECTRICAL
AUTOMATIC FIRE SPRINKLERS
DEDICATED VENTILATION SYSTEM WITH
GAS DETECTION AND ALARMS
17' - 11"3' - 6" X 7' - 0" STEEL DOOR
SELF CLOSER AND CARD READER1 HOUR RATED WITH
66 SF
FREEZER
INSULATED FLOOR,
CONDENSER
ON FREEZER ROOF
CONTROL AREA
FIRE SPRINKLES
DEDICATED
VENTILATION
WITH
CHARCOAL
FILTERS
LIQUID/SOLID
SEPARATOR
EEMERGENCY
XIT WITH PH
MOP SINK
HAND WASH SINK
3 COMPARTMENT SS SINK
SECURE PRODUCT RECEIVING AND UNLOADING AREA
4' GATE
12' - 0"
INSULATED FLOOR,
CONDENSER
ON FREEZER ROOF
66 SF
FREEZER
INSULATED FLOOR,
CONDENSER
ON FREEZER ROOF
66 SF
FREEZER77 SF F. LOCKER
77 SF
M. LOCKER
69 SF
BATHROOM
69 SF
BATHROOM
27' - 3 1/8" 52' - 10 7/8" 40' - 4"
(E)
(E)
16' - 0"
3500 SF
DISTRIBUTION
221 SF
POST
PROCESSING
221 SF
MECHANICAL
CHASE
454 SF
FLAMMABLE GAS
STORAGE /
USAGE
1186 SF
MANUFACTURING
/ PACKAGING
233 SF
EMP. BREAK 188 SF
QU
TESTING
ARANTINE /
5' - 0"
8' - 0"
7' - 0"
11' - 0" 10' - 0"
3' - 0" X 7' - 0" STEEL DOOR
WITH PANIC HARDWARE
3' - 0" X 7' - 0" STEEL DOOR
WITH PANIC HARDWARE
3' - 0" X 7' - 0" STEEL DOOR
WITH PANIC HARDWARE
7' - 0"
COUNTER
FORKLIFT
R 6' - 6"
13' - 11" 36' - 9 7/8" 5' - 2" 50' - 11 1/8" 5' - 0"
14' - 7 31/32" 20' - 4"
17' - 2 19/32" 18' - 6 1/4" 624 SF HALLWAY COMMON 96 SF UTILITY 77 SF OFFICE 1 A3.0
1 A3.0
5' - 0" 6' - 0" 6' - 0" 8' - 0" 8' - 0"
40 SF
DATA / DVR
VAULT
48 SF
SECURITY
CHECK 64 SF LOBBY 64 SF LOBBY
MAIN ENTRY - MANUFACTURING3' - 6" X 7' - 0" STEEL DOOR
SELF CLOSER AND CARD READER1 HOUR RATED WITH
MAIN ENTRY - DISTRIBUTION
3' - 6" X 7' - 0" STEEL DOOR
SELF CLOSER AND CARD READER1 HOUR RATED WITH
WALL MOUNTED
FIRE EXTINGUISHER
CONTROL AREA
CLASS 1/DIV 1 ELECTRICAL
5 HOUR FIRE RATED
AUTOMATIC FIRE
CONSTRUCTION,
SPRINKLERS
DEDICATED VENTILATION
SYSTEM
CONTROL AREA
CLASS 1/DIV 1 ELECTRICAL
5 HOUR FIRE RATED
AUTOMATIC FIRE
CONSTRUCTION,
SPRINKLERS
DEDICATED VENTILATION
SYSTEM
353 SF
LIQUID / SOLID
PROCESSING
SCALE:
CANNA COMPLEX PROPOSAL
06/30/19
09/09/18
3/16" = 1'-0"
STAPLE ROOM PHILLIPE KFOURY
A1.5.2
DISTRIBUTION
LICENSE
DIAGRAM
4931 CECILIA St
CUDAHY, CA 90201
10/14/2018
Checker
NOTES:1. TOTAL BUILDING AREA: 8694.25 SQ. FT.2. AUTOMATIC FIRE SPRINKLERS EVERYWHERE3. R-30 ROOF INSULATION4. EPOXY FLOOR FINISH LEGEND
DISTRIBUTION LICENSE
N
LA
LA LA LA
LA
AL AL LA
LA
LA
LA
154 of 385
ATTACHMENT F
Refrigerator
TV
1 2 3 4 5 6 7
55' - 4"
157' - 1 1/2"
26' - 0" 26' - 0" 26' - 0" 26' - 0" 26' - 0" 26' - 0"
ROLL-UP DOOR
ROLL-UP DOOR
31' - 9 1/4" 9' - 10 3/4"
MECH
48 SF
SECURITY
CHECK
READER AND BUZZ-IN CONTROLWITH PANIC HARDWARE, CARD3' - 0" X 7' - 0" STEEL DOOR
CONTROL AREA
5 HOUR FIRE RATED CONSTRUCTION,
CLASS 1/DIV 1 ELECTRICAL
AUTOMATIC FIRE SPRINKLERS
DEDICATED VENTILATION SYSTEM WITH
GAS DETECTION AND ALARMS
5 HOUR FIRE RATED
AUTOMATIC FIRE
CONSTRUCTION,
SPRINKLERS
CONTROL AREA
5 HOUR FIRE RATED
AUTOMATIC FIRE
CONSTRUCTION,
SPRINKLERS
DEDICATED VENTILATION
SYSTEM
17' - 11"READER SELF CLOSER AND CARD
1 HOUR RATED WITH 3' - 6" X 7' - 0" STEEL DOOR
66 SF
FREEZER
INSULATED FLOOR,
CONDENSER
ON FREEZER ROOF FIRE SPRINKLES CONTROL AREA DEDICATED VENTILATION WITH CHARCOAL FILTERS
LIQUID/SOLID
SEPARATOR
EXIT WITH PHEMERGENCY
AND UNLOADING AREASECURE PRODUCT RECEIVING
4' GATE
12' - 0"
INSULATED FLOOR,
CONDENSER
ON FREEZER ROOF
66 SF
FREEZER
INSULATED FLOOR,
CONDENSER
ON FREEZER ROOF
66 SF
FREEZER77 SF F. LOCKER
77 SF
M. LOCKER
69 SF
BATHROOM
69 SF
BATHROOM
DEMOED EXISTING DOOR
27' - 3 1/8" 52' - 10 7/8" 40' - 4"
(E)
(E)
16' - 0"
3500 SF
DISTRIBUTION
221 SF
POST
PROCESSING
221 SF
MECHANICAL
CHASE
454 SF
FLAMMABLE GAS
STORAGE /
USAGE
1186 SF
MANUFACTURING
/ PACKAGING
233 SF
EMP. BREAK 188 SF
QUARANTINE /
TESTING
COUNTER
(LA)
(LA)
(LA) (LA) (LA)
(LA)
(LA)
(LA)
(LA) 77 SF
OFFICE
SELF CLOSER AND CARD READER1 HOUR RATED WITH 3' - 6" X 7' - 0" STEEL DOORMAIN ENTRY - MANUFACTURING SELF CLOSER AND CARD READER1 HOUR RATED WITH 3' - 6" X 7' - 0" STEEL DOORMAIN ENTRY - DISTRIBUTION C01
C02
C03 C04
C05
C07C06
C08
C09
C10 C11 C12
C13
C14
C15 C16
C17
C18
C19
C20
C21
C22
C23 C24
C25
C26 C27 C28
40 SF
DATA / DVR
VAULT
48 SF
SECURITY
CHECK 64 SF LOBBY 64 SF LOBBY
SCALE:
CANNA COMPLEX PROPOSAL
06/30/19
09/09/18
3/16" = 1'-0"
STAPLE ROOM PHILLIPE KFOURY
A1.7
SECURITY
PLAN
INTERIOR
4931 CECILIA St
CUDAHY, CA 90201
10/14/2018
Checker
ALL SECURITY CAMERAS TO HAVE VIEWING DISTANCE CAPABILITY OF 20'NOTE:
MINIMUM.
ALL SECURITY CAMERAS TO BE SPACED AT A MAXIMUM OF 20' APART. 155 of 385
ATTACHMENT F
20' - 0"
C29 C30 C31 C32 C33 C34 C35 C36
C39C38C37
C40 C41 C42 C43 C44 C45 C46 C47
C48C49C50
SCALE:
06/30/19
09/10/18
1/16" = 1'-0"
STAPLE ROOM
PHILLIPE KFOURY
A1.8
SECURITY
PLAN
EXTERIOR
4931 CECILIA St
CUDAHY, CA 90201
10/14/2018
N
156 of 385
ATTACHMENT F
CR
CR
CR CR CR
CR
CR
CR
CR
CR
DL
DL
DL
DL
DL
DL
DL
DL
DL
DL
TV
Refrigerator
D
D
CR
1 2 3 4 5 6 7
55' - 4"
157' - 1 1/2"
26' - 0" 26' - 0" 26' - 0" 26' - 0" 26' - 0" 26' - 0"
ROLL-UP DOOR
ROLL-UP DOOR
31' - 9 1/4" 9' - 10 3/4"
MECH
17' - 11"
EXIT WITH PHEMERGENCY
4' GATE
12' - 0"
69 SF
BATHROOM
69 SF
BATHROOM
30' - 0" 52' - 10 7/8" 40' - 4"
(E)
(E)
16' - 0"
5' - 0"
7' - 0"
11' - 0" 10' - 0"
WITH PANIC HARDWARE3' - 0" X 7' - 0" STEEL DOOR
WITH PANIC HARDWARE3' - 0" X 7' - 0" STEEL DOOR
WITH PANIC HARDWARE3' - 0" X 7' - 0" STEEL DOOR
7' - 0"
COUNTER
FORKLIFT
R 6' -
6"
13' - 11" 36' - 9 7/8" 5' - 2" 50' - 11 1/8" 5' - 0"
16' - 1 31/32" 16' - 1 1/8"
17' - 2 19/32" 18' - 6 1/4"
SCALE:
CANNA COMPLEX PROPOSAL
06/30/19
09/09/18
3/16" = 1'-0"
STAPLE ROOM PHILLIPE KFOURY
A6.0
ADA 4931 CECILIA St
CUDAHY, CA 90201
05/10/2018
Checker
2. ALL DOOR TYPES TO BE WIDER THAN 3' IN WIDTH1. ALL TURN-CORNERS WIDER THAN 5' RADIUS.NOTES:
N
157 of 385
ATTACHMENT F
GROUND
0' - 0"
20'
Level 2
- 0"
A
D
B
C
TOP OF
STRUCTURE
32' - 6"
GROUND
0' - 0"
A
D
B
C
TOP OF
STRUCTURE
32' - 6"
GROUND
0' - 0"
1 2
3 4
5 6
7 TOP OF
STRUCTURE
32' - 6"
GROUND
0' - 0"
1 2
3 4
5 6
7 TOP OF
STRUCTURE
32' - 6"
SCALE:
CANNA COMPLEX PROPOSAL
06/30/19
09/09/18
1/8" = 1'-0"
STAPLE ROOM PHILLIPE KFOURY
A2.1
EXTERIOR
ELEVATIONS 4931 CECILIA St
CUDAHY, CA 90201
05/10/2018
Checker
158 of 385
ATTACHMENT F
GROUND
0' - 0"
1 2
3 4
5 6
7 3524 SF
DISTRIBUTION 221 SF
POST
PROCESSING
1186 SF
MANUFACTURING
/ PACKAGING 221 SF MECHANICAL CHASE 454 SF FLAMMABLE GAS SCALE:
CANNA COMPLEX PROPOSAL
06/30/19
09/09/18
3/16" = 1'-0"
STAPLE ROOM PHILLIPE KFOURY
A3.0
BUILDING
SECTION 4931 CECILIA St
CUDAHY, CA 90201
05/10/2018
Checker
159 of 385
ATTACHMENT F
EXHIBIT “E”
ADDITIONAL BUSINESS STANDARDS
(IF APPLICABLE)
160 of 385 ATTACHMENT F Page 3140 of 3559
EXHIBIT “F”
STANDARDS AND CONDITIONS FOR CONSTRUCTION
(IF APPLICABLE)
161 of 385 ATTACHMENT F Page 3141 of 3559
ATTACHMENT G.
Correspondence Letter- Notice of
Delinquency dated October 2, 2019
162 of 385 ATTACHMENT F Page 3142 of 3559
163 of 385
ATTACHMENT F
ATTACHMENT H.
Correspondence Letter- Notice of
Default dated May 4, 2021
164 of 385 ATTACHMENT F Page 3144 of 3559
165 of 385
ATTACHMENT F
166 of 385
ATTACHMENT F
ATTACHMENT I.
Issued Building Permits and Submittals
167 of 385 ATTACHMENT F Page 3147 of 3559
168 of 385
ATTACHMENT F
169 of 385
ATTACHMENT F
170 of 385
ATTACHMENT F
ATTACHMENT J.
Facility Plans Approved by 3rd Part
Consultants
171 of 385 ATTACHMENT F Page 3151 of 3559
SCALE: 1340 MONTECITO DR. LOS ANGELES CA 90031
USE TYPE:
OCCUPANCY TYPES:
GENERAL INDUSTRIAL
B, F-1, M, S-1
6224-024-008
SQUARE FOOTAGE: LOT: 30,154 SF
FOOTPRINT: 10,791 SF
LICENSE TYPES: CULTIVATION,
DISTRIBUTION,
MANUFACTURING
6/30/23
PHILLIPE KFOURY
CANNA COMPLEX PROPOSAL
A3 STARCRAFT A0.0
COVER
09/23/2022
4925 CECILIA ST.
CUDAHY, CA 90201
ALL WORK SHALL COMPLY WITH THE 2020 LOS ANGELES COUNTY VERSION OF THE FOLLOWING APPLICABLE CODES:CALIFORNIA BUILDING CODE, 2019 EDITIONCALIFORNIA PLUMBING CODE, 2019 EDITIONCALIFORNIA MECHANICAL CODE, 2019 EDITIONCALIFORNIA ELECTRICAL CODE, 2019 EDITIONCALIFORNIA FIRE CODE, 2019 EDITIONCALIFORNIA ENERGY CODE, 2019 EDITIONCALIFORNIA GREEN BUILDING STANDARDS CODE, 2019 EDITION2010 ADA STANDARDS2020 COUNTY OF LOS ANGELES FIRE CODEIN THE EVENT OF CONFLICT, THE MOST RESTRICTIVE CODE SHALL PREVAIL
ARCHITECTURAL SHEETS
Sheet Number Sheet Name
A0.0 COVERA0.1 CALGREEN NOTESA0.2 CALGREEN NOTESA0.3 CALGREEN NOTESA0.4 GREEN FORMSA0.5 CONDITION OF APPROVALA0.6 UNIVERSAL WASTE FACT SHEETA1.0 SITE PLANA1.1 EXISTING FLOOR PLAN A1.1.1 DEMOLITIONA1.1.2 PROPOSED PANEL UPGRADE
A1.2 PROPOSED FLOOR PLAN
A1.2.1 PROPOSED OCCUPANCY CALCS
A1.3 ROOF PLANA1.4 BUILDING SECTIONA1.5 EXTERIOR ELEVATIONSA1.6 MECH. EQUIPMENT LAYOUTA1.7 RCPA1.8 PLUM. EQUIPMENT LAYOUTA2.0 ADA BATHROOMA2.1 ADA NOTESA2.2 ADA NOTESA2.3 ADA NOTESA2.4 CEILING DETAILSA3.1 WALL TYPESA3.2 WALL DETAILSA3.3 DPS REPORTA3.4 DETAILSA3.5 CEILING DETAILSA3.6 CEILING DETAILSA3.7 DOOR DETAILS & SCHEDULEA4.0 WASTE MANAGEMENT PLANA5.0 CHEMICAL SPEC SHEETSA5.1 CHEMICAL SPEC SHEETSA5.2 CHEMICAL SPEC SHEETA5.3 CHEMICAL SPEC SHEETS
ELECTRICAL SHEETS
Sheet Number Sheet Name
E0.0 ELECTRICAL
SPECIFICATION
E0.1 SINGLE LINE DIAGRAME0.2 PANEL SCHEDULES 1E0.3 PANEL SCHEDULES 2E1.0 LIGHTING PLANE2.0 POWER PLANE3.0 TITLE 24
MECHANICAL SHEETS
Sheet Number Sheet Name
M0.0 MECHANICAL NOTES &
SCHEDULES
M0.1 MECHANICAL DETAILSM1.0 MECHANICAL PLANM2.0 MECHANICAL TITLE 24M2.1 MECHANICAL TITLE 24
PLUMBING SHEETS
Sheet Number Sheet Name
P0.0 PLUMBING NOTES &
SCHEDULES
P0.1 PLUMBING DETAILSP1.0 WASTE & VENT PLANP1.1 HVAC CONDENSATE PLANP2.0 WATER & GAS PLAN BUILDING DEPARTMENT/ GENERAL NOTES:1. THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND ELEVATIONS BEFORE STARTING WORK AND SHALL NOTIFY THE OWNER OF ANY DISCREPANCIES FOUND. DO NOT SCALE DRAWINGS.
2. ALL WORK SHALL COMPLY TO THE CALIFORNIA BUILDING CODE, 2007 EDITION.3. THESE PLAN AND ALL WORK SHALL COMPLY WITH THE CALIFORNIA BUILDING STANDARDS CODE FOUND IN STATE OF CALIFORNIA TITLE 24 CCR AS AMENDED AND ADOPTED BY THE CITY OF SAN DIEGO.
4. CONSTRUCTION LOAD (MATERIAL AND EQUIPMENT) SHALL NOT EXCEED THE DESIGN LIVE LOAD PER SQUARE FOOT. PROVIDE ADEQUATE SHORING AND/OR BRACING WHERE STRUCTURES HAVE NOT ATTAINED DESIGN STRENGTH.
5. WHERE NO CONSTRUCTION DETAILS ARE SHOWN OR NOTED FOR ANY PART OF THE WORK TO BE DONE THE DETAILS SHALL BE THE SAME AS FOR OTHER SIMILAR WORK.
6. THE CONTRACTOR SHALL DETERMINE THE LOCATION OF ALL UTILITY SERVICES IN THE AREA TO BE EXCAVATED (ABOVE AND BELOW GRADE) PRIOR TO COMMENCING THE WORK TO BE DONE.
7. SHOULD ANY LOOSE FILL/EXPANSIVE SOIL/GROUND WATER OR OTHER DANGEROUS CONDITIONS BE ENCOUNTERED DURING SITE EXCAVATION THE GENERAL CONTRACTOR, OWNER AND ENGINEER SHALL BE NOTIFIED AND ALL WORK SHALL CEASE IMMEDIATELY.
8. THE INSPECTOR WILL RECHECK FOR EXPANSIVE SOILS AND/OR GRADING REQUIREMENTS AT THE FIRST FOUNDATION INSPECTION.
9. SMOKE DETECTORS ARE REQUIRED IN EACH SLEEPING ROOM AND IN THE HALLWAY/AREA SERVING EACH SLEEPING AREA. BATTERY OPERATED DETECTORS ARE ACCEPTABLE FOR EXISTING CONSTRUCTION.
CONTRACTOR'S NOTES:1. PLEASE RECYCLE DEMOLITION AND CONSTRUCTION WASTE. ASK ABOUT POSSIBLE DUMP SITES.2. CONTRACTOR SHALL COMPLY WITH ALL OSHA REQUIREMENTS.3. TEMPERED GLASS SHALL BE PERMANENTLY IDENTIFIED AND VISIBLE WHEN THE UNIT IS GLAZED.4. ALL NEW GLAZING (FENESTRATIONS) WILL BE INSTALLED WITH A CERTIFYING LABEL ATTACHED, SHOWING THE U-VAULE.
ENVIRONMENTAL HEALTH NOTES:1. SEWAGE DISPOSAL SHALL CONFORM TO COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH, DIVISION OF SANITATION REQUIREMENTS AND DETAILS FOR INDIVIDUAL HOMES.
2. HOME IS LOCATED IN THE "LOS ANGELES" WATER DISTRICT.PLUMBING NOTES:1. ALL PLUMBING TO CONFORM TO THE UNIFORM PLUMBING CODE AND LOCAL AND OSHA REQUIREMENTS.2. PLUMBING SHOWN IS FOR LOCATION ONLY.3. PLUMBER TO VERIFY LOCATION OF SEWER AND WATER LOCATIONS SHOWN.4. ALL SEWER PIPES SHALL BE 4" MIN. DIAMETER UNDERGROUND AND TOILET; 1 1/2 DIAMETER FOR BASIN, BATH AND VENT PIPES - VERIFY SIZE AND MATERIAL TO COMPLY WITH ALL STATE AND LOCAL CODES.
5. ALL HOT AND COLD WATER SUPPLY SHALL BE MIN. 1/2" DIAMETER COPPER.6. MATERIAL FOR SANITARY SYSTEMS SHALL BE CAST IRON.
CUPER LLC4925 CECILIA STREETCUDAHY, CA 90201HUBBLE STUDIO545 SOUTH CLARENCE STREETLOS ANGELES, CA 90033FADED CREATIVE GROUP3947 BERENICE PLACELOS ANGELES, CA 90031EDGAR HERRERA P.E.1929 GREENLEAF DRIVEWEST COVINA, CA 91792JAMSHED HYDER P.E.9521 BROOK DRIVERANCHO CUCAMONGA, CA 91730KK ENGG.3877 DWIGGINS ST.LOS ANGELES, CA 90063 PARKING REQUIREMENTS:REQUIRED = 10 SPACESREQUIRED ACCESSIBLE = 1 SPACE12 SPACE PROVIDED = 10 SPACES REQUIRED → OK2 ACC. SPACE PROVIDED = 1 ACC. SPACE REQUIRED → OKPARKING STALL DIMENSIONS:
STANDARD: 9'-0" X 18'-0"ADA: 9'-0" X 18'-0" (DETAIL SEE A2.1) PARKING CALCULATION:
EXISTING: NAPROPOSED:4925 CECELIA ST.BUILDING: 162 SF BUSINESS: X STALL/500SF 7,467 SF FACTORY: X STALL/1000SF 200 SF MANUFACTURING: X STALL/500SF 1,048 SF S-1: X STALL/500SF TOTAL PROPOSED: 10.29 STALLS NOTE: THERE IS A DEFICIENCY OF REQUIRED PARKING ON SITE AND CHANGE OF USE DOES NOT INCREASE THE NUMBER OF REQUIRED PARKING.PARKING STALL PROVIDED:
REGULAR: 10ACCESSIBLE: 2
STRUCTURAL SHEETS
Sheet Number Sheet Name
S1 FOUNDATION PLANS2 FRAMING PLAN
S2.1 ROOF FRAMING PLAN
S3 STRUCTURAL DETAIL
10,791 SQ. FT.927 SQ. FT.162 SQ. FT.7,467 SQ. FT.200 SQ. FT.1,048 SQ. FT.49 SQ. FT.
PROJECT INFORMATION:
TENANT IMPROVEMENTPROPOSED CULTIVATION FACILITY USING EXISTING BUILDING. WORKS WILL BE PERFORMED: NEW INTERIOR PARTITION WALLS AND FIRE BARRIERS, NEW MECHANICAL UNITS AND DUCTWORKS, NEW ELECTRICAL PANELS, LIGHTINGS AND NEW PLUMBING FIXTURES AND PIPINGS. NO HYDROPONIC MANUFACTURING IS PROPOSED.
PROJECT NOTES:
ADDRESS:APN:LEGAL DESCRIPTION:LOT AREA:LOT ACREAGE:EXISTING BUILDING AREA:TOTAL LOT GROUND COVERAGE:ALLOWABLE LOT GROUND COVERAGE:TOTAL LANDSCAPE AREA:ALLOWABLE FAR:LOT COVERAGE (FAR):LICENSE TYPE:OCCUPANCY TYPE:USE TYPE:CONSTRUCTION TYPE:NUMBER OF STORIES:BUILDING HEIGHT:ZONING:OVERLAY ZONES:RIGHT OF WAY TYPE:MASS TRANSIT ROUTE:TOTAL IMMEDIATE PARKING:PARKING DIMENSIONS:MINIMUM REQUIRED VAN ACCESSIBLE PARKING:TOTAL TEMPORARY BICYCLE PARKING:FIRE ZONE:BUILDING SPRINKLER:
4925 CECELIA ST. CUDAHY CA 902016224-024-008TRACT # 180 W 55 FT OF S 215 FT AND N 175 FT OF LOT 20430,154 SQ. FT.0.69 ACRES10,791 SQ. FT.36%100%10%30.36CULTIVATION, DISTRIBUTION, MANUFACTURINGB, F-1, M, S-1GENERAL INDUSTRIALII-B1 STORY29' - 8"COMMERICAL MANUFACTURING (CM)CF COLLECTOR STREET, TRUCK ROUTEPOTENTIAL129' x 18'26NON-VHFHSZ (LRA)YES, NFPA 13(DEFER TO SPRINKLER SUBMITTAL)
APPLICABLE CODE YEAR(S)
VICINITY MAP BUILDING NOTES:
PROJECT TOTALS:CIRCULATION:BUSINESS:FACTORY:MANUFACTURING:STORAGE:OTHER:PROJECT SQUARE FOOTAGE PARKING CALCULATIONS: OWNER/ PROJECT CONSULTANT:SHEET SCHEDULE:
PROJECT OWNER:OPERATIONAL CONSULATANT:PROJECT ENGINEER:ELECTRICAL ENGINEER:MECHANICAL ENGINEER:ARCHITECT/DESIGNER:
FIRE FLOW CALCULATION:THE REQUIRED FIRE FLOW IS BASED ON THE FOLLOWING CALCULATION:TYPE OF CONSTRUCTION PER THE BUILDING CODE: II-BFIRE-FLOW CALCULATION AREA: 10,791 SQ. FT.FIRE FLOW BASED ON THE FIRE-FLOW CALCULATION AREA: 2,250 GPMREDUCTION FOR FIRE SPRINKLERS (MAXIMUM 50%): 750 GPMTOTAL FIRE FLOW REQUIRED: 1,500 GPMFIRE PROTECTION SYSTEMS NOTE:1. FIRE PROTECTION SYSTEMS INCLUDING FIRE SPRINKLERS, STANDPIPES AND FIRE ALARMS SHALL BE REVIEWED AND APPROVED BY THE FIRE MARSHALL. PROVIDE APPROVED PLANS INDICATING THEIR REVIEW. [903.3 & 907.1] 6 This set of plans and specifications must be kept at the job site at alltimes, and it is unlawful to make any changes, modifications oralterations to these plans or specifications without the prior writtenpermission of the Building Official. The stamping of this set of plansand specifications SHALL NOT, under any circumstances, be deemedto permit or to be an approval of any work or activity that violatesany provisions of any County Ordinance or State Law.
REVIEWED FOR CODE COMPLIANCE BY:
WILLDAN ENGINEERING
8:38:26 PM Oct 10, 2022
Carl L Wilson, P.E.
172 of 385
ATTACHMENT F
SCALE: 1340 MONTECITO DR. LOS ANGELES CA 90031
USE TYPE:
OCCUPANCY TYPES:
GENERAL INDUSTRIAL
B, F-1, M, S-1
6224-024-008
SQUARE FOOTAGE: LOT: 30,154 SF
FOOTPRINT: 10,791 SF
LICENSE TYPES: CULTIVATION,
DISTRIBUTION,
MANUFACTURING
6/30/23
PHILLIPE KFOURY
CANNA COMPLEX PROPOSAL
A3 STARCRAFT A0.1
CALGREEN
NOTES
09/23/2022
4925 CECILIA ST.
CUDAHY, CA 90201
CONTRACTOR
N/A
CONTRACTOR
N/A
CONTRACTOR
CONTRACTOR
CONTRACTORCONTRACTORCONTRACTOR
This set of plans and specifications must be kept at the job site at alltimes, and it is unlawful to make any changes, modifications oralterations to these plans or specifications without the prior writtenpermission of the Building Official. The stamping of this set of plansand specifications SHALL NOT, under any circumstances, be deemedto permit or to be an approval of any work or activity that violatesany provisions of any County Ordinance or State Law.
REVIEWED FOR CODE COMPLIANCE BY:
WILLDAN ENGINEERING
8:37:11 PM Oct 10, 2022
Carl L Wilson, P.E.
173 of 385
ATTACHMENT F
SCALE: 1340 MONTECITO DR. LOS ANGELES CA 90031
USE TYPE:
OCCUPANCY TYPES:
GENERAL INDUSTRIAL
B, F-1, M, S-1
6224-024-008
SQUARE FOOTAGE: LOT: 30,154 SF
FOOTPRINT: 10,791 SF
LICENSE TYPES: CULTIVATION,
DISTRIBUTION,
MANUFACTURING
6/30/23
PHILLIPE KFOURY
CANNA COMPLEX PROPOSAL
A3 STARCRAFT A0.2
CALGREEN
NOTES
09/23/2022
4925 CECILIA ST.
CUDAHY, CA 90201
N/A
CONTRACTORCONTRACTORCONTRACTORCONTRACTOR
CONTRACTORCONTRACTORCONTRACTORCONTRACTOR
OWNER
N/AN/A
CONTRACTORCONTRACTOR
N/A
This set of plans and specifications must be kept at the job site at alltimes, and it is unlawful to make any changes, modifications oralterations to these plans or specifications without the prior writtenpermission of the Building Official. The stamping of this set of plansand specifications SHALL NOT, under any circumstances, be deemedto permit or to be an approval of any work or activity that violatesany provisions of any County Ordinance or State Law.
REVIEWED FOR CODE COMPLIANCE BY:
WILLDAN ENGINEERING
8:38:26 PM Oct 10, 2022
Carl L Wilson, P.E.
174 of 385
ATTACHMENT F
SCALE: 1340 MONTECITO DR. LOS ANGELES CA 90031
USE TYPE:
OCCUPANCY TYPES:
GENERAL INDUSTRIAL
B, F-1, M, S-1
6224-024-008
SQUARE FOOTAGE: LOT: 30,154 SF
FOOTPRINT: 10,791 SF
LICENSE TYPES: CULTIVATION,
DISTRIBUTION,
MANUFACTURING
6/30/23
PHILLIPE KFOURY
CANNA COMPLEX PROPOSAL
A3 STARCRAFT A0.3
CALGREEN
NOTES
09/23/2022
4925 CECILIA ST.
CUDAHY, CA 90201
CONTRACTOR
N/A
CONTRACTORCONTRACTORCONTRACTORCONTRACTORCONTRACTORCONTRACTOR This set of plans and specifications must be kept at the job site at alltimes, and it is unlawful to make any changes, modifications oralterations to these plans or specifications without the prior writtenpermission of the Building Official. The stamping of this set of plansand specifications SHALL NOT, under any circumstances, be deemedto permit or to be an approval of any work or activity that violatesany provisions of any County Ordinance or State Law.
REVIEWED FOR CODE COMPLIANCE BY:
WILLDAN ENGINEERING
8:38:27 PM Oct 10, 2022
Carl L Wilson, P.E.
175 of 385
ATTACHMENT F
SCALE: 1340 MONTECITO DR. LOS ANGELES CA 90031
USE TYPE:
OCCUPANCY TYPES:
GENERAL INDUSTRIAL
B, F-1, M, S-1
6224-024-008
SQUARE FOOTAGE: LOT: 30,154 SF
FOOTPRINT: 10,791 SF
LICENSE TYPES: CULTIVATION,
DISTRIBUTION,
MANUFACTURING
6/30/23
PHILLIPE KFOURY
CANNA COMPLEX PROPOSAL
A3 STARCRAFT A0.4
GREEN
FORMS
09/23/2022
4925 CECILIA ST.
CUDAHY, CA 90201
NOTES:1. MECHANICALLY VENTILATED BUILDINGS SHALL PROVIDE REGULARY OCCUPIED AREAS OF THE BUILDING WITH A MERV 13 FILTER FOR OUTSIDE AND RETURN AIR. FILTERS SHALL BE INSTALLED PRIOR TO OCCUPANCY AND RECOMMENDATIONS FOR MAINTENANCE WITH FILTERS OF THE SAME VALUE SHALL BE INCLUDED IN THE OPERATION AND MAINTENANCE MANUAL2. DESIGNATED OUTDOOR SMOKING AREA SHALL BE AT LEAST 25 FEET FROM BUILDING ENTRIES, OUTDOOR AIR INTAKES, OR OPERABLE WINDOWS.3. THE BUILDING SHALL MEET OR EXCEED THE PROVISIONS FOR MECHANICAL VENTILATION OF SECTION 1203 OF THE LOS ANGELES BUILDING CODE.4. THE HVAC, REFRIGERATION, AND FIRE SUPPRESSION EQUIPMENT SHALL NOT CONTAIN CFC OR HALONS.5. LEAK REDUCTION MEASURES IN ACCORDANCE WITH LAGBC 5.508.2 SHALL APPLY TO REFRIGERATION SYSTEMS WITH A GLOBAL-WARMING POTENTIAL (GWP) OF 150 OR GREATER. SEPARATE MECHANICAL PLAN CHECK IS REQUIRED A0.4N/AN/AN/AN/AM3.0N/A
N/A
A0.2N/AN/AN/AN/AN/A
A0.3
N/AN/AN/AN/AN/AN/AN/AN/AM1.0M1.0M1.0M1.0M1.0M1.0
NO VISITOR PARKING PROPOSEDNO EXTERIOR CHANGES PROPOSED TI AREA NOT EXCEED 50,000 SF
NOT PROPOSED
NO VISITOR PARKING PROPOSED
M1.0
NOT PROPOSEDNOT PROPOSED
NO EXTERIOR CHANGES PROPOSEDNO EXTERIOR CHANGES PROPOSEDNO EXTERIOR CHANGES PROPOSEDNO EXTERIOR CHANGES PROPOSEDNO EXTERIOR CHANGES PROPOSED
NO SUPERMARKET REFRIGERANTOR PROPOSED
P1.0P1.0P1.0P1.0P1.0
P1.0P1.0P1.0P1.0P1.0
GRN FORM 1NO VISITOR PARKING PROPOSEDSOLAR ZONE
CAL-GREEN NOTESCAL-GREEN NOTESCAL-GREEN NOTESCAL-GREEN NOTESCAL-GREEN NOTESCAL-GREEN NOTESCAL-GREEN NOTESCAL-GREEN NOTESCAL-GREEN NOTESCAL-GREEN NOTES N/A
NOT PROPOSED
CALGREEN NOTESNO EXTERIOR CHANGES PROPOSED
N/A
NO EXTERIOR CHANGES PROPOSED
NOT PROPOSEDMECHANICAL NOTESMECHANICAL NOTESMECHANICAL NOTESMECHANICAL NOTESMECHANICAL NOTESMECHANICAL NOTESCAL-GREEN NOTESMECHANICAL NOTES A0.3 CAL-GREEN NOTES
A4
A0.2A0.1
CAL-GREEN NOTESCAL-GREEN NOTES
A0.3 CAL-GREEN NOTES
NO EXTERIOR CHANGES PROPOSED
NO EXCAVATION
NOTE
N/A NO NEW EXTERIOR ENTRY PROPOSED
A0.3A0.3
N/A NOT PROPOSED
CALGREEN NOTESCALGREEN NOTESCALGREEN NOTES
A0.3 CAL-GREEN NOTES
This set of plans and specifications must be kept at the job site at alltimes, and it is unlawful to make any changes, modifications oralterations to these plans or specifications without the prior writtenpermission of the Building Official. The stamping of this set of plansand specifications SHALL NOT, under any circumstances, be deemedto permit or to be an approval of any work or activity that violatesany provisions of any County Ordinance or State Law.
REVIEWED FOR CODE COMPLIANCE BY:
WILLDAN ENGINEERING
8:38:27 PM Oct 10, 2022
Carl L Wilson, P.E.
176 of 385
ATTACHMENT F
SCALE: 1340 MONTECITO DR. LOS ANGELES CA 90031
USE TYPE:
OCCUPANCY TYPES:
GENERAL INDUSTRIAL
B, F-1, M, S-1
6224-024-008
SQUARE FOOTAGE: LOT: 30,154 SF
FOOTPRINT: 10,791 SF
LICENSE TYPES: CULTIVATION,
DISTRIBUTION,
MANUFACTURING
6/30/23
PHILLIPE KFOURY
CANNA COMPLEX PROPOSAL
A3 STARCRAFT A0.5
CONDITION
OF
APPROVAL
09/23/2022
4925 CECILIA ST.
CUDAHY, CA 90201
This set of plans and specifications must be kept at the job site at alltimes, and it is unlawful to make any changes, modifications oralterations to these plans or specifications without the prior writtenpermission of the Building Official. The stamping of this set of plansand specifications SHALL NOT, under any circumstances, be deemedto permit or to be an approval of any work or activity that violatesany provisions of any County Ordinance or State Law.
REVIEWED FOR CODE COMPLIANCE BY:
WILLDAN ENGINEERING
8:38:27 PM Oct 10, 2022
Carl L Wilson, P.E.
177 of 385
ATTACHMENT F