Administrative Review Record - Aqua Tergere, LLC
cannabis products versus Colorado's $516 million, Washington's $302 million and Oregon's $163 million. Some small cultivation sites, similar in size to the proposed project, are projecting annual revenues upwards of $4 million per year. Such revenues would result in a $80,000 annual revenue for the City on the cultivation license, alone.
As described in the 2040 General Plan Consistency section, above, the proposed development agreement stipulates that the Operator will contribute a minimum of $66,667 annually to the City for community benefits and programs. This will result in $666,667 in revenue for the City over the 10-year permit life. Each of the Commercial Cannabis sites will be required to make the same contribution as a term of their retrospective development agreements. As previously mentioned, if the City approves all proposed project sites, the community benefit contribution would result in approximately $9.3 million in revenue for the City over 10 years.
For Fiscal Year (FY) 2018-19 the minimum monthly Operating Fee is projected to be approximately $1,365.84 based upon square footage. In the event the business is not operating in the FY, the minimum fee the City will receive is approximately $1,992.06. The minimum annual Operating Fee for FY 2018-19 is estimated to be $[inter amount]. This Operating Fee is projected for the period April 1, 2019 to June 30, 2019, if the City takes the following actions:
1. City Council approves the proposed Ordinances and Development Agreements on November 6, 2018;
2. Second Reading of this Ordinance is on November 20, 2018; and
3. Ordinance (Development Agreement) is effectuated 30 days thereafter.
In subsequent years, based upon the size and various licenses types, the site would conservatively bring in approximately $7,968.24 in annual revenue to the City through minimum operational fees; however, the proposed operation is managed by a successful, experience cannabis company with profit projections that far exceed the minimum fee projections. The City anticipates Operating Fee minimum revenues from the nine locations being proposed to the Planning Commission and City Council to be $1,365.84 for Fiscal Year 2018-19. This site represents 1% of the $465,000 revenue projection.
In addition to operating fees, operators will pay a Community Benefit Program fee of $66,667.00, annually, to the City General Fund to support community programs. Based on the economic and fiscal analysis above, the proposed project will have a positive fiscal impact on the City.
Administrative Review Record - Aqua Tergere, LLC
It is possible that the City may, in the future, impose a city-wide Cannabis Tax (by Citizen Initiative or otherwise). However, the proposed development agreements do not bind operators to an unknown future Cannabis Tax. Staff recommends that the Commission consider this issue when reviewing the economic impacts of the development agreements and, if appropriate, require operators to expressly agree to be bound by any such future Cannabis Tax. However, it is expected that operators would object to such a condition.
LEGAL DESCRIPTION
The proposed development would occur on a legal lot. The proposed property is a legal lot described and shows as follows:
THE NORTHERLY 160 FEET OF LOTS 213 AND 214 OF TRACT NO. 180, IN THE CITY OF CUDAHY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE 198 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ATTACHMENTS
ORDINANCE NO. 697
Administrative Review Record - Aqua Tergere, LLC
ORDINANCE NO. 697
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, APPROVING: (1) A DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF CUDAHY AND
AQUA TERGERE, 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) 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, on September 17, 2018, the City of Cudahy Planning Commission ("Planning Commission") conducted a properly noticed public hearing to consider approval of a Commercial Cannabis Permit [CCP] 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, by majority vote the members present, the Planning Commission, decided to deny a CCP for the Site and made a recommendation of disapproval of the Development Agreement; and
WHEREAS, the Applicant(s) timely submitted a written notice of appeal to the City Clerk,
Administrative Review Record - Aqua Tergere, LLC
accompanied by the required filing fees, and including stated grounds for the appeal; and WHEREAS, the entire matter is properly before the City Council for independent consideration and de novo review; and
WHEREAS, the City Council may reverse, modify or affirm the Planning Commission decision, in whole or in part; and
WHEREAS, the City Council shall approve a development agreement by ordinance; and WHEREAS, subsequent to receipt of the appeal of the Planning Commission's decision, the City Council conducted a properly noticed public hearing to consider the approval of a CCP and Development Agreement, at which testimony and evidence, both written and oral, were presented to and considered by the City Council; and
WHEREAS, the City Council finds the Project is: consistent with the objectives, policies, general land uses and programs specified in the general plan, as amended; compatible with the uses authorized in the Overlay Zone; in conformity with good land use practices; will not be detrimental to the health, safety and general welfare of the City; and is in the best interest of the City of Cudahy and its residents.
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 Aqua Tergere, LLC a California limited liability company ("Development Agreement") [DA#18-011C], 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. CCP 18-0011, subject to the terms and conditions stated therein, to allow a Commercial Cannabis Facility for the Site located at 8210 Atlantic Avenue, 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.
Administrative Review Record - Aqua Tergere, LLC
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 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 20th day of November, 2018.
Chris Garcia
Mayor
ATTEST:
Richard Iglesias
Deputy City Clerk
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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 Ordinance No.697 was introduced for a first reading on the 6th day of November, 2018 and approved for a second reading and adopted by said Council at its regular meeting held on the 20th day of November, 2018 by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Richard Iglesias
Deputy City Clerk
Administrative Review Record - Aqua Tergere, LLC
EXHIBIT "A"
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF CUDAHY
AND AQUA TERGERE, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
SEE ATTACHMENT
Administrative Review Record - Aqua Tergere, LLC
RECORDING REQUESTED BY |
City of Cudahy |
AND WHEN RECORDED MAIL TO: |
City of Cudahy |
5220 Santa Ana Street |
Cudahy, CA 90201 |
Attention: City Manager |
|
==================================================================
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Recording Fee Exempt per Government Code §6103
COMMERCIAL CANNABIS
DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CUDAHY AND
AQUA TERGERE, LLC
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into this __________ day of ________________, 2018, (the “Execution Date”), by and between the CITY OF CUDAHY, a California municipal corporation (“City”) and AQUA TERGERE, LLC a California limited liability company ("Owner"). City and Owner are sometimes referenced together herein as the “Parties.” In instances when a provision hereof applies to each of the Parties individually, either may be referenced as a “Party.” The Parties hereby jointly render the following statement as to the background facts and circumstances underlying this Agreement.
RECITALS
A. The State of California enacted California Government Code Sections 65864 et seq. (“Development Agreement Statutes”) to 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 certain rights in the Owner, and to meet certain public purposes of the local government.
Administrative Review Record - Aqua Tergere, LLC
C. As authorized by the Development Agreement Statutes, the City has adopted Municipal Code Chapter 20.28 (Development Agreements) establishing the procedures and requirements for the consideration of development agreements with the City.
D. Owner currently holds a legal or equitable interest in real property considered in this Agreement which has a development area approximately 2665 square feet located at 8210 Atlantic Ave., City of Cudahy, State of California (the “Site”). The Site includes Assessor’s Parcel Number: 6224-023-020, and is more fully described in Exhibit A and shown on the map in Exhibit B. Both exhibits being attached hereto and incorporated herein by this reference.
E. Presently, Owner has a leased interest a portion 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 and sold not as a store-front retail dispensary, or that does all or any combination of those activities (“Medicinal Cannabis”). Such Medicinal Cannabis facilities shall operate in accordance with all applicable provisions of Business and Professions Code §§26000-26231.2; California Health and Safety Code Safety Code §§ 11357-11362.9 and 11362.7- 11362.85; Revenue and Taxation 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”). Prior to operating a medicinal cannabis cultivation facility, Owner shall be required to obtain a Medicinal Commercial Cannabis Permit from the City 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 to the extent authorized by law.
G. On December 4, 2017 Owner applied to this City for a Medicinal Cannabis Manufacturing Permit (hereinafter "Regulatory Permit”) to conduct Medicinal Commercial Cannabis Activities. No such activities 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.
Administrative Review Record - Aqua Tergere, LLC
H. Owner presently 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 Project will include taking fresh and dried plant material and selectively extract the plant oils and components to produce a concentrate of products of medicinal cannabis of the same, only to other legally permitted persons and entities under the California Cannabis Laws (“licensed persons”), who operate retail dispensary outlets or other licensed facilities under the California Cannabis Laws, but would not include the dispensing or sale of Cannabis Products at the Project Site without further authorization by the City.
I. The proposed Project includes a Commercial Cannabis Permit, which is a type of conditional use permit, to allow for a Commercial Cannabis Facility and a Development Agreement (DA) for commercial cannabis activities including manufacturing within an existing, currently vacant, approximately 2,665 square foot industrial building. The site is currently developed with one commercial building. The proposed project will be built in one phase. More specifically, the proposed project would include:
• Manufacturing: The manufacturing area consists of a 240 square foot prefabricated class1/division1 FlexMod extraction room that will house state of the art closed-loop extraction systems, a 356 square foot pre post process room where minor post extraction manipulations will occur (ie. decarboxylation, degassing, and drying), a 488 square foot post-process room that meets class1/division2 safety standards that will house processing and evaporation equipment, a 266 square foot storage and transfer room that will hold both intake and outtake manifests as well as storage of fresh plant material, an 80 square foot product storage vault where bulk and packaged product will be stored, and a 360 square foot packaging and labeling room containing boxes, glass jars, and child-proof packaging of extraction products. The facility also includes 106 square feet of restrooms where employee’s can change into proper work attire and utilize the facilities. The site includes a total of 1,084 (240 C1D1, 356 pre process, 488 post process) square feet of production space and 2,665 square feet of total premises space.
Hours of Operation: The facility will be open from 8 a.m. to 8 p.m., Monday through Friday, for general business hours with approximately eight (8) employees per shift.
Owner will employ approximately 10 employees.
Parking/Loading/Access: The proposed project provides 15 parking spaces, including 1 accessible van spaces. Loading will take place on-site. Vehicular access to the site will be through an existing driveway on Atlantic Avenue. Within the site, access to the structures will be through the secured front office entrance. The project complies with the CAL Green Tier 1 by incorporating stormwater pollution prevention measures, installing energy- and water-efficient equipment, and planting native and droughttolerant landscaping at the front of the property.
Administrative Review Record - Aqua Tergere, LLC
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 of records. In addition, the applicant will engage a licensed security company to provide an operational security plan in compliance with Ordinance 673. [ ] Co-location, check if applicable:
Note MAUCRSA now authorizes a person to apply for and be issued more 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 [1] license(s): Manufacturing J. On September 11, 2017, the City adopted Ordinance No. 673 permitting Certain Medicinal Commercial Cannabis Activities in strict compliance with the California 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. 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.
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 code 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 serve to bind City and future Councils to the obligations hereby undertaken, and that this Agreement shall limit the future exercise of certain governmental and proprietary powers of City. By approving this Agreement, the
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Aqua Tergere, LLC Page 5 of 40 City of Cudahy
Development Agreement
DA # 18-019C
Council has elected to exercise certain governmental powers at the time of entering into this Agreement rather t han 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 p ursuit of t he Project will serve t he best interests of its citizens and that t he 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 City 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.
O. After conducting a duly noticed hearing on September 17, 2018, in conjunction with Section 20.28.030 of the City’s Municipal Code, the Planning Commission of the City reviewed, considered and recommended disapproval of the execution of this Agreement and denial of a Commercial Cannabis Permit [CCP] for the SiteNotwithstanding said disapproval and denial, the Owner made a timely request that the entire matter proceed to hearing before the City Council for independent consideration and de novo review on appeal.
P. After conducting a duly noticed hearing on _______________, ____, in conjunction with Section 20.28.060 of the City’s Municipal Code, and after independent consideration and de novo review on appeal, the City Council approved the execution of this Agreement and issuance of a CCP for the Site. The City Council found the Project: consistentwith the objectives, policies, general land uses and programs specified in the general plan,as amended; compatible with the uses authorized in the Overlay Zone; in conformity with good land use practices; will not be detrimental to the health, safety and general welfare of the City; and is in the best interest of the City of Cudahy and its residents.
12:7+(5()25( 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 acknowledged, the Parties 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 8210 Atlantic Ave., City of Cudahy.
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Aqua Tergere, LLC Page 6 of 40 City of Cudahy
Development Agreement
DA # 18-019C
b. Owner and Other Person with Legal or Equitable Interest.
Owner: Aqua Tergere, LLC
Nature of Interest: Lease for 5 years with Option to Renew for an additional 5 years.
If Owner is not the fee simple owner of the Site, check box below:
[x] Owner represents and warrants that the property owner has consented in writing to the execution and recordation of this Agreement against the Site. Owner represents that the property owner is the common owner of adjacent parcels and that its has the lawful consent of the property owner to access the Site by crossing his adjacent parcels for access purposes. The property owner has expressly consented to all terms of this Agreement as a covenant running with the land.
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 5.20.110 [Medicinal Cannabis Products Manufacturing] of the municipal code, and for any other use as authorized under applicable provisions of the municipal code. 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. Owner shall not conduct any business under this Agreement or under the Regulatory Permit without having obtained all 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 shall commence on the Effective Date and it shall end ten (10) years from the starting date, and it shall remain in full force and effect so long as the subject property is used for a commercial cannabis facility as authorized
Administrative Review Record - Aqua Tergere, LLC
under 5.20.110 of the municipal code (as amended); provided, however, such use is not abandoned for a period of 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:
(i) The Owner shall give written notice to the City no later 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 adequate 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 provision of any agreement between City and Owner relative to the development of the Property or of any condition of approval imposed upon any entitlement granted by the City relative to the development of the Property for which Owner has been given a written notice to cure by the City and for which Owner has not cured or commenced to cure such default within thirty (30) days, if and as provided by such agreement or condition of approval.
3. Owner’s Site and Floor Plans
a. 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 approved 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.
Administrative Review Record - Aqua Tergere, LLC
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 requirements of Section 5.20.050(d) of the municipal code.
4. Facility Operations
a. Standard Operating Procedures. Owner is a lawful entity that will only sell to other legally permitted persons and entities under the California Cannabis Laws. Prior to operating a medical marijuana 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 notwithstanding anything to the contrary, Owner may operate such medicinal cannabis-related activities as 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 regulatory 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 laws.
Owner’s facility shall employ 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 minimum Business Standards regulating Medicinal Commercial Cannabis Activity set forth in new Section 5.20.050 of the Cudahy Municipal Code and such more specific operational requirements set forth in Exhibit E, "Business Standards", attached hereto. b. Security Plan. Owner shall secure approval 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 appropriate, provisions for video surveillance, perimeter fencing and security, protection of the building(s) from vehicle intrusion, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professionally monitored alarm system.
Equipment and systems used for video surveillance and building alarms shall be approved by City. See Cudahy Municipal Code Section 5.20.050(r) for minimum security requirements.
Video surveillance 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 with restricted access, all interior spaces and rooms where medicinal cannabis products are handled and processed, shipping and receiving areas, cash storage
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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 surveillance system shall be web-based with direct access provided to the Los Angeles County Sheriff upon request.
The security system shall 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 third-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 without having first obtained a license from the appropriate state 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 Angeles County Sheriff, ten days before bringing the firearm onto the premises, with the following:
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 law enforcement identification (if he or 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 all laws regarding the possession and use of a firearm.
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e. Identification Display. Each owner, manager, 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 wear in plain sight, on his or her person and at chest level, a valid identification badge, issued by Owner.
f. Employee Background Checks/Procedures for Inventory Control to Prevent Non-Medical Diversion of Medical Cannabis. Only employees who receive clearance from the proper oversight authority shall be permitted to enter Owner’s facility. Each employee will have to meet a criminal background investigation conducted by the Los Angeles County Sheriff, which at minimum shall include a LiveScan criminal history check, which City shall make a good faith effort to facilitate within 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 trafficking 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 exacerbation of other adverse public health consequences associated with cannabis use; disavow growing cannabis on public lands that creates attendant public safety and environmental dangers posed by such illegal uses; and discourage and educate against cannabis possession or use on federal property.
g. Quality Control and Testing. Owner shall utilize quality control measures and testing to ensure only the highest quality of commercial cannabis and infused products will 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 lab off-site. Testing standards and procedures shall be in accordance with applicable state law and regulations.
All medicinal commercial cannabis products will undergo a quality assurance review in accordance with state law prior to distribution. Inventory procedures will be utilized for tracking and taxing purposes by the state. Owner shall employ
Administrative Review Record - Aqua Tergere, LLC
an efficient record-keeping system to make transparent its financing, testing, and adverse effect recording, as well as recall 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 labeled 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 labeling requirements, and 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.
Owner intends to produce infused products and shall secure any approval from the County of Los Angeles Health Department required for manufacturing and handling such 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 original point of preparation.
i. Point of Sale Tracking System. Owner shall maintain an inventory control and reporting system that accurately documents the location of medicinal cannabis products from inception through distribution, including descriptions, weight, and quantity. The inventory 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
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edible, harvested flower, and/or manufactured concentrate, as well as gross sales (by weight and sale). Owner's point of sale system shall have the capacity to produce historical transactional data in accordance with City's requirements. j. Record Keeping. Owner shall maintain 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
5.20.050(s), 5.20.110(e) & 5.20.120(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 of growth and processing, and there shall be no exterior evidence of cultivation or processing occurring at the premises from a public right-of-way or from an adjacent parcel. Commercial cannabis cultivation, 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.
Owner shall store its commercial cannabis and/or commercial cannabis products in a locked safe room with T-card identification access for management only. The safe room shall be constructed of fire-rate walls with numerous cameras installed to view all entries and exits from the safe room, as well as all other activities performed within Owner’s facility. Owner will not conduct outdoor operations except as related to lawful delivery and transportation of medicinal 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 shall 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 accordance with state and county health and safety codes and regulations.
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l. Odor Control. All 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 Banking 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, Owner 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 list 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 amount provided, the form or product category in which the commercial cannabis 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 delivery is made, and the amount of any related donation or other monetary transaction.
5. 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 and education programs, including but not limited to outreach and interface with public and private schools, youth organizations, religious organizations, health care providers, drug abuse treatment providers and mental health and drug counseling providers. The public outreach and education programs shall be approved by City.
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b. Community Benefits Program. The Owner shall coordinate and cooperate with the City and other Owners of medicinal commercial cannabis facilities located 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 service, public safety, litigation defense and special districts and social and community organizations. This community benefits program may be implemented by the City. The City will invite public participation in the decision-making process for identifying and 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 shall be deposited in full into a dedicated account set up by the City in order to create, fund and implement a City-approved community benefits program. _________ If initialed here by the City Manager, Owner has been approved for the following payment plan: Within thirty days of the Effective Date of this Agreement, the Owner shall deposit into the City's dedicated account, in good funds, twenty percent (20%) of the yearly sum of $66,667.00 [initial payment calculated at $13,333.40] and shall pay the balance thereof over a period of ten (10) months payable in equal monthly installments of $5,333.36 per month. Each 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 modified by the written consent of the City Manager at his sole and complete discretion.
Thereafter, on the anniversary date of the Effective Date of this Agreement, and yearly through-out the entire term of this Agreement and any extension thereof, Owner shall pay to the City, as a business expense, the yearly sum of $66,667.00, payable in the same manner as set forth above. c. Designation of Persons Responsible for Community Relations. At the time of this Agreement, Owner’s day-to-day operations manager, Charles Arden, will be responsible for community inquiries and complaints and on-site during normal business hours.
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d. Interface with Los Angeles County Sheriff / Inspections. Owner’s day-today operations manager, Carlos Seals, will interface with the Los Angeles County Sheriff Department's assigned designee to ensure its operation complies with state and local laws and regulations. The City Manager, or designee, or the Los Angeles County Sheriff's Department's assigned designee acting at the City Manager's request and per his specific and limiting instructions, shall have the right to enter all Premises from time to time unannounced during hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Agreement and state and local laws and regulations, without the requirement of a search warrant, subpoena, or court order, and subject to appropriate cost recovery fees set forth in this Agreement, or adopted by the City. See, Cudahy Municipal Code Section 5.20.050(t).
____________________ Owner's Initials
e. Local Recruitment, Hiring, 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 similar 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 newspapers of general circulation in the area, and 3) Develop a written plan to recruit and employ City residents as a part of the its workforce. At a minimum, the Owner commits to a local annual hiring goal 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 unable to achieve such a goal. "Local" is defined as within a 1-mile 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 facilitate 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 solely on the basis of an arrest or conviction for a Cannabis-related crime that occurred prior to November 8, 2016, and could have been prosecuted as a misdemeanor or citation under current California law. The Owner shall report on compliance with the local hiring goals as part of its annual audit report. f. Living Wages. Living Wages. Owner shall pay all employees of the Facility, at a minimum, a Living Wage. 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
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individual under the City of Los Angeles Minimum Wage Ordinance [LAMC Sections 187 and 188], as adjusted annually.
g. Full-time Work. Owner shall make its best efforts 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 full-time employee level of 75%.
Owner agrees to provide to its eligible employees leave benefits, health and wellness benefits and other employee benefits to the extent such benefits are required to be paid for by Owner under applicable state and federal employment laws.
6. Indemnification Agreement by each Cannabis Permittee 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.
7. Fees, Costs, and Future Taxes
a. Fees. Owner agrees to pay all permit fees and charges referenced in Section 5.20.070(f) 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 operation of a medicinal commercial cannabis facility authorized under applicable provisions of the municipal code, council resolutions and administrative policies and regulations.
Reimbursement to City for such costs shall be due and payable as set forth in Article 8.
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c. Operating Fees.
As used herein, “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 parties stipulate and agree that the square footage for the Premises upon the Effective Date of this Agreement is and shall be during the term of this Agreement: 1581 square feet.
As used herein, “Commercial Cannabis 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, “Gross receipts” shall mean the total amount actually received or receivable in the course of business in a calendar year or calendar month from sales or the performance of acts or services for which charge is made or credit allowed. “Gross receipts” 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 5.04.030(9).
As used herein, "Production Space" means the area on or within the Premises intended for Commercial Cannabis Activities 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 footage for the Production Space shall be 1084 square feet.
The City Manager is specifically authorized to set and adjust the square footage for the Premises Space and Production Space and to determine the corresponding operating fee as the Project is 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 of life, the greater of the following monthly fees (1) or (2):
1) a monthly operating fee of [.42 x total square foot of the "Premises"] until Owner is operating on the Premises, and selling product under its City Regulatory Permit and State Regulatory Permit. Once Owner is
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operational and generating revenue, the monthly operating fee is [.42 x total square foot of "Production Space"];
or,
2) a monthly operating fee(s) of:
2% of Gross Receipts for operations from the Cannabis
Manufacturing Permit on the Premises.
Facilities with multiple licenses must not commingle respective sales proceeds, and blend percentage rate of Gross Receipts.
[_______________] If initialed here by the City Manager, Operating Fees shall begin to accrue ninety (90) days after the end of month of the Effective Date of this Agreement. Otherwise, Operating fees shall begin to accrue in the month of the Effective Date of this Agreement. The operating fee shall be due and payable on the 10th day of each calendar month through-out the term of this Agreement.
Failure to pay the fee within thirty (30) days after the due date shall result in a penalty for nonpayment in a sum equal to 25% of the total amount due.
Additional penalties will be assessed in the following manner: 10% shall be added to the first day of each 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 the 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 plan. 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-squarefoot fee applies, Owner shall notify City of such changes at least fourteen (14) calendar days prior to making such changes, and the per-square-foot fee shall 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 the amount of space allocated to those uses to which the per-squarefoot fee applies retroactive to the date the Regulatory Permit became effective.
8. Cost Recovery Fee
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City shall assess to Owner fees to recover City’s reasonable processing and monitoring costs relating 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 apart from any operating fees set forth in Article 7
a. Processing Fees. Processing fees for the Application 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, legal fees, 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 the Application.
b. Monitoring 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 Application. The monitoring fees shall be based only on costs that are necessary for conducting these reviews. “Necessary for” means that but for the Manufacturing, Distribution, Testing, Delivery and Cultivation Permits, or any Additional Permits, the costs would 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 shall bill 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 Owner.
d. Disputes If Owner disagrees with the dollar amount provided by City on the CRF invoice, Owner may submit a written request before the disputed fee is due for a substitution of alternative CRF invoice to the City Manager. The written request must include supporting documentation. After review 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 Obligations
a. Reporting of Gross Receipts from Operations
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1) Quarterly Receipts. No later than [For example, January 15, 2018], and every three months thereafter (i.e., April 15, July 15, October, and January 15 of each subsequent year), Owner shall deliver to City a report (the “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 all 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.
For purposes herein, “books and records” shall mean all bookkeeping or accounting documents Owner typically utilizes in managing its business operations relating to the Project. Such books and records, as well as all other relevant documents as the City Manager may reasonably require, shall, upon reasonable written notice, be open for inspection by City, its auditors or other authorized representatives. If at any time during the term such books and records prove inadequate in the reasonable judgment of City to record the Gross Receipts from Operations as herein required, Owner shall, upon the written request of the City, procure and maintain such books and records as shall be of a character and from adequate for such purpose. 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 an annual 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, documents and other items shall be held available for such audit and examination.
The City’s audit shall be performed by a non-contingency fee independent auditor approved in advance by the City. Upon request by City, Owner shall make all such books, records and documents available to the City 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, documents, and other items in Cudahy for a period of not less than one (1) years for the purpose of auditing or re-auditing these accounts upon reasonable notice; except that, if an audit is made within the seven-year period and 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 all other information
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concerning Owner’s operation of the Premises obtained by City as a result of the inspection audit and examination privileges of City hereunder, except as otherwise required by law. If City receives a request for such information pursuant to the Public Records Act (California Government Code Section 6250, et seq.), City shall provide Owner notice of any 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. If it shall 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.
b. Future Revenue Mechanisms. During the term of this Agreement, if the City imposes (by Citizen Initiative or otherwise) an alternative revenue mechanism specifically related to cannabis operations (e.g., a cannabis tax), Owner agrees to renegotiate in good faith the terms of this Development Agreement with the City so as to comply with an alternative revenue mechanism.
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. Insurance and Indemnity
a. Insurance. Owner shall require 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 subsections with carriers reasonably satisfactory to City.
b. General Liability Insurance. Owner shall maintain commercial general liability insurance or equivalent 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:
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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-listed 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 shall also:
1) Name City, and work in good faith with the City and the insurers to name additional insureds as deemed reasonably necessary. “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-listed additional insureds; 2) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, and representatives; 3) Contain standard separation of insured provisions.
d. Workers’ Compensation Insurance. Owner shall take out and maintain during the term of this Agreement, workers’ compensation insurance for all of Owner’s employees employed at or on the Project, and in the 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 protected under any workers’ compensation law, Owner shall provide and shall cause each contractor and subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Owner hereby indemnifies City for any damage resulting from failure of Owner, its agents, employees, contractors, or subcontractors to take out or maintain such insurance. Workers’ compensation insurance with statutory limits
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and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) each accident shall be maintained.
e. 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 clearly evidenced all insurance required in this Article, including evidenced that such insurance will not be canceled, allowed to expire, or be materially reduced in coverage without thirty (30) days prior written notice to City. 2) Provide to City, upon request, and within seven (7) calendar days of said request, certified copies of endorsements and policies, and properly executed certificates of insurance evidencing the insurance required herein.
3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior the termination of this Agreement.
4) Maintain all insurance required herein from the Effective Date of this Agreement to the earlier of the expiration of the term or the mutual written termination of this Agreement.
5) Place all insurance required herein with insurers licensed to do business in California with a current Best’s Key Rating Guide reasonably acceptable to City.
f. Indemnity. Owner agrees to indemnify, defend, and hold City, and its elected and appointed council, boards, commissions, officers, agents, employees, contractors, consultants and representatives, harmless from any and all claims costs and liability for any personal injury or property damage which may arise as a result of 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 shall terminate upon the expiration of 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
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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 the Site or Project. Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights of Owner to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.
c. Effect of Termination on City’s Obligations. Termination 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, eliminate the rights of City to seek any applicable and available 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, Article 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 terms 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.
13. 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 shall comply with all applicable terms and conditions of City’s Standard Conditions for Construction, attached hereto and incorporated herein by reference as Exhibit F. The Project shall comply with the applicable parking standards established by the City for 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
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Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure to delay by either party to perform any term or provision of this Agreement beyond a reasonable notice and cure period shall 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 thirty (30) day period and thereafter diligently prosecutes such cure to completion.
After notice and expiration of the thirty (30) day period, the other party to this Agreement, at its option, may institute legal proceedings pursuant to this Agreement.
In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City shall not be liable in monetary damages, unless expressly provided for this Agreement, to Owner, to any mortgagee or lender, or to any successors in interest of Owner or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to sue for damages or claim 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 limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or
3) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.
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
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power of eminent domain. Nothing contained herein shall modify or abridge Owner’s rights or remedies (including its rights for damages, if any) resulting from bad faith intentional acts, the grossly negligent or malicious acts of City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to City and its employees pursuant to the Government Liability Act and all other applicable statutes and decisional law.
Except as set forth in the preceding paragraph relating to 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 event all or a portion of the Property is not developed, for lost profits or revenues which would have accrued to City as a result of the development of the Property.
b. Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other nonmonetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be 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) Due to the size, nature and scope of the Project, it may not be practical 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 performed extensive planning and processing of the Project in agreeing to the 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 to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis.
c. Release. Except for those remedies set forth in Sections 14(a), 14(b), and 14(c), Owner, for itself, its successors and assignees, hereby releases 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 unknown, present
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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 notwithstanding, Owner agrees that the release provided in this Section 14(c) shall apply to such unknown or unknowable claims and damages. Without limiting the generality of the foregoing, Owner acknowledges the provisions of California Civil Code Section 1542, which provide:
“A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Owner hereby waives, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect.
Owners’ Initials
d. Termination of Agreement for Default of City. Owner may terminate 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 actions 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 such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.
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.
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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 Default. 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 default 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.
15. Third Party Litigation
a. General Plan Litigation. City has determined that this Agreement is consistent with its General Plan. Owner has reviewed the General Plan and concurs with City’s determination.
City shall have no liability under this Agreement or otherwise for any failure of City to perform under this Agreement, or for the 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 General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, 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 Agreement. Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, attorney'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, subcontractors, agents, or employees’ operations under this Agreement, whether
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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, consultants 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), which 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, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; (iii) any claims based on or alleging inverse condemnation by any 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 legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision 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 third-party challenge as described herein. In the event City elects to contract with special counsel to provide for such a defense, City shall meet and confer with Owner regarding the selection of counsel, and Owner shall pay all costs related to retention of such counsel. d. Environmental Contamination. Owner shall indemnify and hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees free and 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 any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property,
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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 of the Property.
e. City to Approve Counsel. With respect to Sections 15(a) through 15(d), City reserves the right to approve the attorney(s) which Owner selects, hires or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld.
f. Accept Reasonable Good Faith Settlement. With respect to Article 15, City shall not reject any reasonable good faith settlement. If City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgment rendered in connection with such action. This Section 15(f) applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and City expressly agree that this Section 15(f) does not apply to any settlement that requires an exercise 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(f) inclusive, shall survive the termination or expiration of the Agreement.
16. 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 Environmental Quality Act, California Code of Regulations, Title 14, §§15000-15387. If reasonably 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) requirements under provisions of CEQA Guidelines
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Section 15301 – Existing Facilities. This exemption applies to projects characterized as alterations to existing facilities meeting the conditions described in Section 15301.
17. Rules, Regulations, and Official Policies
Except as otherwise provided in this Agreement, the rules, 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 Agreement prevent City from denying or conditionally approving any subsequent development project application based on such existing or new rules, regulations, or policies.
18. Regulatory Permit Conditions of Approval
Owner shall comply with all conditions of approval of the Regulatory Permit approved by City Council.
19. Periodic Reviews
This Agreement shall be subject to annual review. Owner and Landlord executing this Agreement, or successor in interest thereto, shall 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 shall increase Owner’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 with 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 materials to the Planning Department. The Planning Department will schedule a hearing on the periodic review of the Development Agreement on or following the
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anniversary of the Effective Date, but Owner 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 any request for an extension of the term due to delays beyond the control of Owner (see Section 23(j), “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, consistent with Section 23(k) (“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. Special 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 required to demonstrate good faith compliance with the terms of the Agreement.
The burden of proof on this issue shall be on Owner.
d. Review Hearing. At the time and place set for the review hearing, Owner shall be given 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 may terminate this Agreement notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement and impose such conditions as 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 of Civil Procedure Section 1094.5. e. Certificate 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”) to Owner stating that after 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 Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the
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Planning Director and City Council, regardless of whether the Certificate is relied upon by assignees or other transferees 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 City in connection with the periodic reviews shall be borne by Owner.
20. Assignment
Assignment by Owner. Owner shall not transfer, delegate, 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 location as may be acceptable to the City. Owner is aware it mayy take the City approximately six (6) months to process a transfer application.
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, subletting or assignment is made is issued a Regulatory Permit as required under Section 5.20.070(i) of the municipal code.
21. Operating Commercial Cannabis Facility
Any party to this Agreement, or successor in interest thereto, shall not operate a commercial cannabis facility authorized under the municipal code unless:
a. It is the holder of a valid Regulatory Permit issued by City in accordance with the procedures and requirement of 5.20.110 [Medicinal Cannabis Products Manufacturing]; 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 permit 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.
22. Notice
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Any notice or communication required hereunder 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 communication shall be deemed to have been given and received 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, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) 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:
If to City: City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Attention: City Clerk
and Special Counsel, Glenn Ward Calsada, Esq.
Law Offices of Glenn Ward Calsada
23283 Ventura Boulevard
Woodland Hills, CA 91364
If to Owner: Aqua Tergere, LLC
8208 Atlantic Avenue
Cudahy, CA. 90201
If to Landlord: Vladimir Calderon
P.O. Box 2637
Downey, CA 90242
With a courtesy copy to:
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23. Miscellaneous Provisions
a. Amendment or Cancellation. This Agreement may be amended, or canceled in whole 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 the City Manager on behalf 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 shall not be construed as waiver of any other term or condition under this Agreement.
c. Enforcement/Reserved Powers. Unless amended or canceled pursuant hereto, this Agreement shall be enforceable by any party hereto, or successor in interest thereto, notwithstanding any subsequent change in any applicable general or specific plan, zoning, subdivision or building regulation, or municipal code amendment adopted by City that conflicts with the terms of this Agreement.
However, 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 Agreement'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 take future discretionary actions after the Effective Date of this Agreement that: (1) are necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God); (2) are amendments to California Marijuana Laws or California Uniform Codes, as adopted by the City of Cudahy, and/or the Cudahy Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Site; (3) are necessary to comply with state or federal laws and regulations; or (4) involve sign and parking ordinances and guidelines, changes to the 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 Agreement, then such changes, additions or deletions to the Cudahy Municipal Code shall not be applied to the Site or Project; provided, however, the
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parties acknowledge that the City's approval of this Agreement is a legislative action subject to referendum. The parties shall cooperate with each other and undertake such reasonable actions as may be appropriate to ensure this Agreement remains in full force and effect and is implemented in accordance with its terms and to the fullest extent permitted by state or federal law.
Notwithstanding anything to the contrary in this Agreement, site improvements contemplated by this Agreement shall be completed pursuant to the development standards and design guidelines to be adopted by the zoning code amendment.
d. Joint and Several Liability. 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 shall also constitute a breach of this Agreement by the other Party.
e. Severability. If any part of this Agreement is found to conflict with applicable state laws or regulations, such part shall be inoperative, null, and void insofar as it conflicts with said laws or regulations, or modified or suspended as may be necessary to comply with such state laws or regulations, but the remainder of this Agreement shall continue to be in full force and effect. f. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The execution of this Agreement may be by actual, facsimile, or electronic signature.
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 California’s commercial cannabis laws and the terms and conditions of this Agreement, any Conditional Use Permit, or any Regulatory Permit issued pertaining 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.
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i. Force Majeure. If delays are caused by unforeseen events beyond the control of Owner, such delays will entitle Owner to an extension of time as provided in this section. Such unforeseen events (“Force Majeure”) shall mean war, insurrection, acts of God, local, state or national emergencies, strikes and other labor difficulties beyond the party’s control, or any default by City hereunder, which Force Majeure event substantially interferes with the development, construction or operation of the Project.
j. Costs and Fees. Intentionally omitted.
k. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.
l. Binding Effect of Agreement. The Parties agree that the Recitals above are true and correct and intend to be bound by same. Except as otherwise provided, the burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Parties and constitute covenants which run with the Site. In order to provide constructive notice thereof, the City Clerk will record this Agreement with the Los Angeles County Recorder within the period required by Government Code Section 65868.5.
m. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and the Owner is that of a government entity regulating the development of private property and the owner of such property.
n. Changes 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 applying, with the consent or at the request of the
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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 obligate the City to grant other similar changes or requests. As used herein, “Subsequent Development Approvals” include, without limitation, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other non-discretionary permits or approvals necessary, convenient or appropriate for the Project. As used herein, “Subsequent Land Use Regulations” means ordinances, resolutions and codes adopted or approved by the City after the Effective Date of this Agreement governing the development and use of the land, including general plan amendments, zone changes, variances or conditional use permits affecting the permitted use of the land including density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions of reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. o. Conflicting Federal or State Rules. In the event that any conflicting federal or state laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, this Agreement shall remain in full force and effect as to those provisions not affected; and (i) Notice of Conflict. Either party, upon learning of any such matter, will provide the other party with written notice thereof and provide a copy of any such law, regulation or policy together with a statement of how any such matter conflicts with the provisions of this Agreement; and (ii) Modification Conferences. The parties shall, within thirty (30) days of the notice referenced to in the preceding subsection, meet and confer in good faith and attempt to modify this Agreement to bring it into compliance with any such federal or state law or regulation.
(iii) City Council Hearings. In the event the City believes that an amendment to this Agreement is necessary due to the effect of any federal or state law or regulation, the proposed amendment shall be scheduled for hearing before the City Council. The City Council shall determine the exact nature of the amendment necessitated by such federal or state law or regulation. Owner shall have the right to offer oral and written testimony at the hearing. Any modification ordered by the City Council pursuant to such hearing is subject to judicial review in accordance with California law.
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(iv) City Cooperation. The City shall cooperate with Owner in securing any City permits, licenses or other authorizations that may be required as a result of any amendment resulting from actions initiated by the City. As required by this Agreement, Owner shall be responsible to pay all 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 the following are true: (i) thirty (30) days have elapsed since the second reading of the Ordinance adopting and approving this Development Agreement and (ii) all Exhibits to this Agreement are finalized, executed and notarized by all affected parties (if applicable) and attached hereto; provided, however, that if these conditions have not been fully satisfied by the Owner the Effective Date may not thereafter occur and this Agreement may not thereafter become effective.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
CITY OF CUDAHY Aqua Tergere, LLC
OWNER
Chris Garcia Name: Charles Arden
Mayor Title: Managing Member
OTHER PARTY
Name:
Title:
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APPROVED AS TO FORM:
Glenn Ward Calsada, Attorney at Law
Special Counsel for the City of Cudahy
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)
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EXHIBIT “A”
LEGAL DESCRIPTION
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APN: 6224-023-020
Los Angeles County
Calderon J Vladimir; Calderon Family Trust
8210 Atlantic Ave, Cudahy, CA 90201
Owner Information
Primary Owner: CALDERON J VLADIMIR;
CALDERON FAMILY TRUST
Secondary Owner:
Mail Address: PO BOX 2637
DOWNEY CA 90242
Site Address: 8210 ATLANTIC AVE
CUDAHY CA 90201
Assessor Parcel Number: 6224-023-020
Census Tract: 5343.01 Housing Tract Number: 180
Lot Number: 213,214 Page Grid: 705-E2
Legal description: Lot: 213,214 Tract No: 180 Abbreviated Description: LOT:213,214 TR#:180 TRACT NO 180 N 160 FT OF LOTS 213 AND LOT 214 IMP1=IND,432SF,YB:1955,1STY;IMP2=IND,2490SF,YB:1965,1STY.
Sale Information
Sale Date: Document #: Sale Amount: N/A
Seller: Sale Type: Cost/SF: N/A
Assessment & Tax Information
Assessed Value: $889,768 Land Value: $856,405 Imp. Value: $33,363 Homeowner
Exemption:
% Improvement: 3.75%
Tax Amount: $11,610.70 Tax Status: Current Tax Year: 2017 Tax Rate Area: 0-631 Tax Account ID:
Property Characteristics
Bedrooms: Year Built: 1965 Pool:
Bathrooms: Square Feet: 2,922 SF Lot Size: 33,623 SF
Partial Baths: Number of Units: 0 No of Stories: 1
Total Rooms: Garage: Fire Place:
Property Type: Industrial Building Style: Owner
Exclusions:
Use Code: Manufacturing (Light) Zoning: CUM2*
Aerial Map
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EXHIBIT “B”
PARCEL MAP
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EXHIBIT “C”
LANDLORD CONSENT
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EXHIBIT “D”
SITE AND FLOOR PLANS
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MAX. TRAVEL DISTANCE = 140'-0" MAX. TRAVEL DISTANCE = 149'-2" 2 3 4 5 6 7 8 ABCDEF 1 9 2 3 4 5 6 7 8 1 9 ABCDEF JOB NO.: DRAWN BY: PA / PM: DATE REMARKS
INFRASTRUCTURE
ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com ARCHITECT / CIVIL ENG. CONSULTANT STAMP THIS DOCUMENT, WHICH CONCEPTS, DRAWINGS AND INCORPORATES THE DESIGN SPECIFICATIONS IS THE PROPERTY AND COPYRIGHT OF INFRASTRUCTURE ENGINEERS AND SHALL NOT BE USED IN WHOLE OR IN PART ON ANY OTHER WORK WITH INFRASTRUCTURE EXCEPT BY AGREEMENT CUDAHYGRO ENGINEERS. 4311 SANTA ANA STREET
CUDAHY, CA 90201
Fri, 17 Aug 2018 08/03/18 - CUP RESUPMITTAL A0.5
OCCUPANCY AND EGRESS PLAN A.D. SCALE: OCCUPANCY AND EGRESS PLAN A 1/8"= 1'-0" 716 SQ. FT DELIVERY OFFICE 132 SQ. FT OFFICE 143 SQ. FT JANITOR'S 37 SQ. FT CLOSET GOWNING ROOM 204 SQ. FT NURSERY 1153 SQ. FT 705 SQ. FT & LABELING PACKAGING VAULT 143 SQ. FT 490 SQ. FT RECEIVING SHIPPING & CULTIVATION 1460 SQ. FT EXTRACTION 424 SQ. FT 718 SQ. FT DRY / CURE TRIM 171 SQ. FT POST-PROCESSING 449 SQ. FT COMMERCIAL KITCHEN 885 SQ. FTSECURE 582 SQ. FT STORAGE59 SQ. FT STORAGE COLD SHOW ROOM 59 SQ. FT OFFICE 73 SQ. FT 65 SQ. FT SERVER SECURE VAULT 73 SQ. FT 632 SQ. FT DISTRIBUTION RECEPTION CULTIVATION 1008 SQ. FT UNISEX 112 SQ. FT RESTROOM UNISEX RESTROOM 64 SQ. FT ELECTRICAL ROOM 180 SQ. FT CORRIDOR 198 SQ. FT NURSERY EQUIPMENT YARD FERTIGATION ZONE / LEGEND RESTROOM SUMMARY MAXIMUM TRAVEL DISTANCE TO EXITS: OCCUPANCY & EXIT LEGEND OCCUPANT LOAD CALCULATIONS 456 SQ. FT BUILDING SECURITY FERTIGATION ROOM 128 SQ. FT
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SANTA ANA ST.
SALT LAKE AVE.
CL
CL JOB NO.: DRAWN BY: PA / PM: DATE REMARKS
INFRASTRUCTURE
ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com ARCHITECT / CIVIL ENG. CONSULTANT STAMP THIS DOCUMENT, WHICH CONCEPTS, DRAWINGS AND INCORPORATES THE DESIGN SPECIFICATIONS IS THE PROPERTY AND COPYRIGHT OF INFRASTRUCTURE ENGINEERS AND SHALL NOT BE USED IN WHOLE OR IN PART ON ANY OTHER WORK WITH INFRASTRUCTURE EXCEPT BY AGREEMENT CUDAHYGRO ENGINEERS. 4311 SANTA ANA STREET
CUDAHY, CA 90201
Fri, 17 Aug 2018 08/03/18 - CUP RESUPMITTAL SCALE: PROPOSED SITE PLAN A 1/16"= 1'-0" A1.1
PROPOSED SITE PLAN A.D.
N LEGENDS SITE NOTES EXISTING BUILDING ±12,000 SF ADDITION EXISTING ±950 SF EXISTING ELECTRICAL ROOM ±212 SF EXISTING SHED TO REMAIN N.I.C. EXISTING SHED TO REMAIN N.I.C. EXISTING SHED TO REMAIN N.I.C. BUILDING SECURITY ±456 SF PARKING CALCULATIONS ZONE: INNOVATIVE INDUSTRIAL APN: APN: ZONE: INNOVATIVE INDUSTRIAL SINGLE FAMILY USE: RESIDENTIAL USE: COMMERCIAL / INDUSTRIAL ZONE: INNOVATIVE INDUSTRIAL WINDOW MANUFACTURER ZONE: INNOVATIVE INDUSTRIAL USE: COMMERCIAL / MANUFACTURER WINDOW INDUSTRIAL PROJECT INFORMATION LANDSCAPE CALCULATIONS BOTH PROPERTIES SHARED ACCESS TO USE: COMMERCIAL / INDUSTRIAL ZONE: INNOVATIVE INDUSTRIAL WINDOW MANUFACTURER ZONE: INNOVATIVE INDUSTRIAL SINGLE FAMILY USE: RESIDENTIAL ZONE: INNOVATIVE INDUSTRIAL SINGLE FAMILY USE: RESIDENTIAL ZONE: INNOVATIVE INDUSTRIAL SINGLE FAMILY USE: RESIDENTIAL ZONE: INNOVATIVE INDUSTRIAL USE: RESIDENTIAL SINGLE FAMILY ZONE: INNOVATIVE INDUSTRIAL USE: RESIDENTIAL SINGLE FAMILY ZONE: INNOVATIVE INDUSTRIAL ZONE: INNOVATIVE INDUSTRIAL SINGLE FAMILY USE: RESIDENTIAL USE: RESIDENTIAL SINGLE FAMILY ZONE: INNOVATIVE INDUSTRIAL USE: COMMERCIAL / INDUSTRIAL ZONE: INNOVATIVE INDUSTRIAL WINDOW MANUFACTURER 6
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JOB NO.: DRAWN BY: PA / PM: DATE REMARKS
INFRASTRUCTURE
ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com ARCHITECT / CIVIL ENG. CONSULTANT STAMP THIS DOCUMENT, WHICH CONCEPTS, DRAWINGS AND INCORPORATES THE DESIGN SPECIFICATIONS IS THE PROPERTY AND COPYRIGHT OF INFRASTRUCTURE ENGINEERS AND SHALL NOT BE USED IN WHOLE OR IN PART ON ANY OTHER WORK WITH INFRASTRUCTURE EXCEPT BY AGREEMENT CUDAHYGRO ENGINEERS. 4311 SANTA ANA STREET
CUDAHY, CA 90201
Fri, 17 Aug 2018 08/03/18 - CUP RESUPMITTAL SCALE: ENLARGED SITE PLAN A 1/16"= 1'-0" A1.2
ENLARGED SITE PLAN A.D.
N LEGENDS SITE NOTES SCALE: ENLARGED SITE PLAN
B 1/16"= 1'-0"
N EXISTING BUILDING ADDITION EXISTING EXISTING ELECTRICAL ROOM BUILDING SECURITY
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2 3
4 5
6 7
8 ABC
D
E
F
1 9
2 3
4 5
6 7
8 1
9 ABC
D
E
F JOB NO.: DRAWN BY: PA / PM: DATE REMARKS
INFRASTRUCTURE
ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com ARCHITECT / CIVIL ENG. CONSULTANT STAMP THIS DOCUMENT, WHICH CONCEPTS, DRAWINGS AND INCORPORATES THE DESIGN SPECIFICATIONS IS THE PROPERTY AND COPYRIGHT OF INFRASTRUCTURE ENGINEERS AND SHALL NOT BE USED IN WHOLE OR IN PART ON ANY OTHER WORK WITH INFRASTRUCTURE EXCEPT BY AGREEMENT CUDAHYGRO ENGINEERS. 4311 SANTA ANA STREET
CUDAHY, CA 90201
Fri, 17 Aug 2018 08/03/18 - CUP RESUPMITTAL AD.1 DEMO PLAN A.D. SCALE: DEMO PLAN A 1/8"= 1'-0"
N LEGENDS DEMOLITION FLOOR NOTES WALL LEGEND
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2 3
4 5
6 7
8 ABC
D
E
F
1 9
2 3
4 5
6 7
8 1
9 ABC
D
E
F JOB NO.: DRAWN BY: PA / PM: DATE REMARKS
INFRASTRUCTURE
ENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com ARCHITECT / CIVIL ENG. CONSULTANT STAMP THIS DOCUMENT, WHICH CONCEPTS, DRAWINGS AND INCORPORATES THE DESIGN SPECIFICATIONS IS THE PROPERTY AND COPYRIGHT OF INFRASTRUCTURE ENGINEERS AND SHALL NOT BE USED IN WHOLE OR IN PART ON ANY OTHER WORK WITH INFRASTRUCTURE EXCEPT BY AGREEMENT CUDAHYGRO ENGINEERS. 4311 SANTA ANA STREET
CUDAHY, CA 90201
Fri, 17 Aug 2018 08/03/18 - CUP RESUPMITTAL A2.1
PROPOSED FLOOR PLAN A.D. SCALE: PROPOSED FLOOR PLAN
A 1/8"= 1'-0" LEGENDS FLOOR NOTES WALL LEGEND (E) 1:12 RAMP
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EXHIBIT “E”
ADDITIONAL BUSINESS STANDARDS
(IF APPLICABLE)
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EXHIBIT “F”
STANDARDS AND CONDITIONS FOR CONSTRUCTION
(IF APPLICABLE)
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ATTACHMENT P.
Notice of Delinquency dated
October 2, 2019
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ATTACHMENT Q.
Notice of Default dated
May 4, 2021
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CUDAHY
OP £ MINDS, OP!;N DOORS
5220 Santa Ana Street, Cudahy, California 90201 • Phone (323) 773-5143 • Fax (323) 771-2072
SENT VIA USPS CERTIFIED MAIL
May 4, 2021
Attn: Charles Arden, Managing Member
Aqua Tergere, LLC
8208 Atlantic Avenue
Cudahy, CA 90201
RE: 8210 Atlantic Avenue -Aqua Tegere, LLC
Development Agreement No. DA 18-011 C
Commercial Cannabis Permit No. CCP18-0011
NOTICE OF DEFAULT
Dear Aqua Tergere, LLC,
On September 17, 2018 the Planning Commission held a public hearing to consider CCP18-0011 for cannabis Manufacturing at 8210 Atlantic Avenue and did not approve CCP18-0011. On November 20, 2018 the City Council on appeal of Planning Commission decision approved Cannabis Development Agreement No. DA 18-011 C between the City of Cudahy and Aqua Tegere, LLC for cannabis Manufacturing.
The DA requires the annual Community Benefits Program (CBP) payment in the amount of $66,666.00, a Cost Recovery Payment (CRP), and Operating Fee (OF). On March 22, 2021, the City of Cudahy provided you with a summary statement of "Monthly Operating/Non-Operating Fees, CBP, and CRP Past Due" (See attached Statement). It has come to my attention that you are not in full compliance with your obligations under your Development Agreement No. DA 18- 011 C under Ordinance No. 697. Below is a summary of delinquent amounts due to the City.
FEE TYPE PAST DUE AMOUNTS CITY CODE
Community Benefit Program $ 146,000.76 CBP
Cost Recovery Fee $ 48,363.91 UBF
Non-Operating Fee $ 13,944.42 OPFEE
Total Due $ 208,309.09
If you believe this letter is in error, please contact myself or Steven Dobrenen, Finance Director at the phone number above or John Yonai with Tierra West Advisors (City's Consultant) at 323- 265-4400. If you do not contact us within 10 days, we will assume that you do not dispute the amounts demanded by this letter and we will proceed accordingly.
We realize that you do not want to jeopardize your Development Agreement with the City and your State Cannabis license. Therefore, pursuant to Section 14 Defaults and Remedies of the DA, we urge you to forward your payment, in the total amount noted above, no later than 30 DAYS FROM THE DATE OF THIS LETTER, so that further action will not be necessary. Repayment arrangements will only be considered by the City if requested in writing within this 10-day time
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period. There is no guaranty the requested repayment arrangement will be approved by the City.
Please consider this letter a final demand and declaration of default on your obligations under Development Agreement No. DA 18-011C. While in default, the City will take all necessary action to achieve compliance, including but not limited to, rejecting building applications, refusing the issuance of building permits for the subject property, or initiating the revocation process of your Commercial Cannabis Permit No. CCP 18-0011 (if applicable) and, if not timely cured, instituting legal proceedings to terminate your Development Agreement and notify the various applicable State licensing agencies, California Bureau of Cannabis Control.
Thank you and we look forward to your compliance.
Sincerely yours,
Henry Garcia, Acting City Manager
cc: Law Office of Glenn Ward Calsada
Sal Lopez, Director of Planning Community Development
Steven Dobrenen, Finance Director
Tierra West Advisors
Agua Tergere, LLC 912 E. 12 Street, Suite 191, Los Angeles, CA 90021 Mark G. Sanchez, 143 Maple Street, Salinas, CA 93901
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ATTACHMENT R.
Plan Check #440- Application and
Corrections
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ATTACHMENT S.
Inspection Report dated August 17, 2022
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ATTACHMENT T.
Red-Tag Letter dated September 13,
2022
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ATTACHMENT U.
Correspondence from V. Sanchez dated
September 21, 2022
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From: Aqua Tergere
To: Juan Arauz
Subject: Aqua Tergere
Date: Wednesday, September 21, 2022 12:11:52 AM
Hello Juan,
I am reaching out to thank you for taking the time today at the city hall to go over the red tag notices and suggestions to fix them. The situation Aqua Tergere LLC is going through is challenging and rocky but is not a lost cause. With an immediate action plan set forth to remedy the direction course we should be able to get this project back on track.
Originally Aqua Tergere had hired ARDEBILI BORUM CONSULTING ENGINEERS and MG ENGINEERING for the floor, mechanical, electrical, and plumbing plans. They had also hired Mat Rettig who originally was the correspondence between the city of Cudahy and Aqua T. To our understanding he had submitted all the plans, paid the fees, and picked up the plans and permits. We were told that the plans were approved on Nov 21, 2019, and that the waiver was picked up not long after. Unbeknownst to us, when they started construction, they did so at their own pace and led us to believe everything was in order. The third-party inspectors that were supposed to be coming often only did so for a brief time and then never returned back. It took about a year to do the work and then covid lockdowns hit. From that point forward, we had zero communication with anyone from their side, and left us to pick up the pieces. Now we are in this situation and are frantically trying to fix this before it’s a total loss.
Since we have spoken earlier today I have reached out to two local professional licensed Architects / Engineers to re-do the floor, mechanical, electrical, and plumbing plans and waiting for their response. As soon as I can get them engaged in the project, I will have them immediately start working on these corrections. We spoke about as-built plans today and am hoping that some of what is done can be permitted that way. I understand that it is not as easy as drawing plans and there are a lot more details and inspections that come with this idea. I will be emailing you often to keep you updated on progress and to ensure we are not doing anything incorrectly and following proper city protocol.
I am partly reaching out to see if I can get an extension to complete the list of corrections set forth last week. I will have these plans expedited but cannot guarantee they will be complete by midweek until I can get more information from the professionals. I will keep you updated on these plans as more information comes in.
Another reason I’m reaching out is to see about the possibility of Aqua T’s city development agreement being amended. One of my biggest concerns about the project is the fire sprinklers. If the fire department isn’t satisfied with chemical dry line sprinklers, they will ask us to install water sprinklers. And if that becomes the situation, we will have to dig a trench
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from our facility to the street, Atlantic Blvd. This is about 300 feet if not longer from the street to the facility. The cost of that could easily be over 250 thousand dollars to complete. I know this because I faced the same challenge in Baldwin Park when the water pressure wasn’t high enough to keep up with the fire department's standards so we had to dig a trench a quarter of the length and it was not cheap. So, I am asking you and the city if it is possible to explore the idea of amending the agreement to obtain a different license class type.
If Aqua T could amend and obtain a micro license with a type 6 or N manufacturing, type 11 distribution, and possibly type 9 (all negotiable). It would have a lot less code and compliance to get through to pass inspections costing a fraction of type 7 volatile license. Most importantly though, it would start generating revenue for the business and the city at a much faster rate than a stand-alone type 7 would take to pass all agencies and inspections. I bring this up not to backstep or quit, but because I know the time, cost and challenges it takes to complete a COO-compliant facility. Countless problems can arise when building such a facility, especially in a building as old as ours. The goal of this is to generate money for the city and the business as soon as possible. We would be able to do so with a micro license instead of type 7.
I can lay out an exact business plan if this were something you and the city were willing to discuss further.
My final reason for this letter is to discuss Aqua T’s diagram layout. According to the development agreement Aqua T has, we have the entire back parcel for our operations but our landlord has only allowed us access to about half of that parcel. This would give us the necessary space we need to open up operations even further. Ultimately leading to generating more revenue for the city and business. Between future employee parking, business vans, storage, security stations, security cars, and other necessary factors, we are already trying to squeeze a circle into a square peg. Is this something we can discuss further to see if any action can be taken? It isn’t a top priority but an issue that needs to be resolved. According to both the city development agreement and the original plans that were submitted, that space should be open to Aqua T for use.
Thank you again for giving us your time earlier and allowing us to right these wrongs, we do want to see the project complete and succeed as much as you.
Thanks Again,
Vince
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ATTACHMENT V.
Cannabis Deferment and Payment
Program dated December 7, 2023
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Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar
Vice Mayor
Jose R. Gonzalez
Councilmember
Jack M. Guerrero
Councilmember
Blanca Lozoya
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
December 7, 2022
Via U.S. Mail and Email:
Aqua Tergere, LLC
Attn: Charles Arden, Manager
912 E. 12Th Street #B STE 315
Los Angeles, CA 90021
Re: DA 18-019C for operator located at 8210 Atlantic Avenue Cudahy, CA Dear Owner/Operator:
On December 6, 2022, the City Manager presented a Cannabis Deferment and Payment Program to the City Council. Within this program, the City Manager will be utilizing his discretionary authority allowed within the Development Agreements to assist Cannabis Operators with the accumulated non-operating and other fees by deferring and providing additional time for payment without penalty.
The stipulations of this Program will be as follows:
x Unpaid non-operating fees will be deferred (without penalty) until six (6) months after the Operator is issued a Certificate of Occupancy. Thereafter, the accumulated non-operating fees would be required to be repaid within twelve (12) months or other term negotiated with the City Manager.
o Any previous late penalties charged to non-operating fees would be waived provided that a payment agreement is reach and the operator follows all stipulations within the agreement
x Community Benefit and Cost Recovery Fees, as detailed in the Development Agreement, would have to be paid timely on a monthly basis. Any Fees incurred prior to the agreement would be put under a payment agreement and also required to be paid timely on a monthly basis. x Payment agreement terms would be subject to the discretion of the City Manager as negotiated with each operator
x The Operators would have to remain in good standing with the City with respect to Planning and Building and Safety Regulations.
In order to be eligible for this program, Operators must have negotiated with the City and entered into an executed payment agreement no later than January 31, 2023.
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Page | 2
If you are interested in entering into this deferment and payment program, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
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ATTACHMENT W.
Final Demand Letter dated
March 20, 2024
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Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councllmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
March 20, 2023
SENT VIA EMAIL: [email protected]
1 5T CLASS MAIL
Attn: Vince Sanchez
Dear Mr. Sanchez
CUDAHY
OP!;:N MINDS, OP!;:N DOORS
Incorporated November 10, 1960
RE: FINAL DEMAND
8210 Atlantic Avenue, City of Cudahy, CA -Aqua Tergere, LLC Development Agreement No. DA18-011C
Commercial Cannabis Permit No. 18-0011
�LLU .:)dllld 1-\lld .:)lft::t::L
Cudahy,CA,90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
On August 17, 2022, City of Cudahy staff, conducted a site inspection of property located at 8210 Atlantic Avenue. During this inspection, several violations of Building, Mechanical, Electrical, and Plumbing Codes were observed, including occupation of the building without a certificate of occupancy, rendering the structure unsafe for occupancy. As a result, the Building and Safety Division declared the structure, its use, and occupancy unsafe and dangerous, and the subject site was "red tagged".
The following is a list of violations observed by city staff on August 17, 2022:
Building Code:
-All construction completed inside the building was done without engineered drawings and has not completed any plan check procedures and thus no building permits for any work were obtained.
-All structurally insulated panel rooms were constructed without proper plan check approval and with no engineered drawings and without building permits. -Cannabis extraction room located inside building without permits, and without proper LA County Fire Department approval/plan check.
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ATTACHMENT X.
City Council Resolution No. 18-49
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RESOLUTION NO. 18-49
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CUDAHY, CALIFORNIA,
APPROVING THE ISSUANCE OF COMMERCIAL
CANNABIS PERMIT NO. CCP 18-0011 TO AQUA
TERGERE, 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) 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, on September 1 7, 2018, the City of Cudahy Planning Commission ("Planning Commission") conducted a properly noticed public hearing to consider approval of a Commercial Cannabis Permit [CCP] and Development Agreement No. DA#18-018C [AQUA TERGERE, LLC], at which testimony and evidence, both written and oral, were presented to and considered by the Planning Commission; and WHEREAS, by majority vote the members present, the Planning Commission, decided to deny a CCP for the Site and made a recommendation of disapproval of the Development Agreement; and
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Rcsollrtion No. 18-49
WHEREAS, the Applicant(s) timely submitted a written notice of appeal to the City Clerk, accompanied by the required filing fee~, and including stated grounds for the appeal; and WHEREAS, the entire matter is properly before the City Council for independent consideration and de novo review; and
WHEREAS, the City Council may reverse, modify or affirm the Planning Commission decision, in whole or in part; and
WHEREAS, subsequent to receipt of the appeal of the Planning Commission's decision, the City Council conducted a properly noticed public hearing to consider the approval of a CCP and Development Agreement, at which testimony and evidence, both written and oral, were presented to and considered by the City Council; and WHEREAS, the City Council finds the Project is: consistent with the objectives, policies, general land uses and programs specified in the general plan, as amended; compatible with the uses authorized in the Overlay Zone; in conformity with good land use practices; will not be detrimental to the health, safety and general welfare of the City; and is in the best interest of the City of Cudahy and its residents.
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- 0011, subject to the terms and conditions stated therein, to allow a Commercial Cannabis Facility for the Site located at: 8210 Atlantic Avenue, 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 6th day of November 2018. j
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Resolution No. 18-49
ATTEST:
Richard Iglesi s
Deputy City rk
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. 18-49 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 6th day of November, 2018, and that said Resolution was adopted by the following vote, to-wit:
A YES: Gonzalez, Hernandez, and Garcia
NOES: Sanchez
ABSTAIN: None
ABSENT: Markovich
~ Richard lglesi s
Deputy City
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Resolution No. I 8-49
EXHIBIT II A"
COMMERCIAL CANNABIS PERMIT
SEE ATTACHMENT
[The Permit will be based upon the Staff Report with
Condition s of Approval and will be Issued in a Letter to Follow] j
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ATTACHMENT Y.
Email and Letter dated May 2, 2023, to
Operator
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From: Cecilia Madrigal
To: Aqua Tergere
Cc: Alfonso Noyola; Glenn Ward Calsada; Stephanie Arechiga; Juan Arauz; Jessica Guillen; Joshua Calhoun; Daniel Sanchez; [email protected]
Subject: RE: Aqua Tergere, LLC: 8210 Atlantic Avenue, FINAL DEMAND Letter Date: Tuesday, May 2, 2023 4:33:00 PM
Attachments: RE_5.2.2023_City Response to Email 4_24_23_AquaTergereLLC.pdf image002.png
Good afternoon,
Thank you for your email received on April 24, 2023, at 9:35 A.M. Please find the City’s formal response attached to this email.
If we do not hear back from you within ten (10) days, we will assume that Aqua Tergere, LLC has no intention to terminate its Development Agreement with the City and we will take all appropriate action against Aqua Tergere, LLC and its principals to protect the City’s interests.
Sincerely,
Cecilia Madrigal-Gonzalez
Senior Planner
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323-773-5143 Ext. 252
www.cityofcudahy.com
From: Aqua Tergere <[email protected]>
Sent: Monday, April 24, 2023 9:35 AM
To: Jessica Guillen <[email protected]>
Cc: Cecilia Madrigal <[email protected]>; Juan Arauz <[email protected]>; [email protected]; Daniel Sanchez <[email protected]>; Joshua Calhoun <[email protected]>; [email protected]
Subject: Re: Aqua Tergere, LLC: 8210 Atlantic Avenue, FINAL DEMAND Letter Dear City of Cudahy,
It is with great regret that we inform you that we have officially shut down our
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project in your city. Unfortunately, our company has gone bankrupt, and we are no longer able to continue our operations.
As a result, we have returned the keys to the landlord, and the building lease has expired. We apologize for any inconvenience this may cause, and we hope that this does not cause any disruptions to the community.
We would also like to inform you that we are officially withdrawing our submission application. We understand the time and effort that the city has put into considering our proposal, and we are truly sorry that we are unable to move forward with the project.
Once again, we apologize for any inconvenience this may have caused, and we appreciate the support and understanding of the City of Cudahy throughout this process.
Sincerely,
Aqua Tergere, LLC
On Mon, Mar 20, 2023 at 3:39 PM Jessica Guillen <[email protected]> wrote:
Good afternoon,
Please find attached Final Demand Letter. Pursuant to the development agreement between the City and Aqua Tergere, you have 30 days from today to produce the items listed in the letter.
Should you have any questions on the contexts of the attachment, please let me know.
Thank you,
Jessica Guillen
Assistant Planner
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323.773.5143 ext. 229
www.cityofcudahy.com
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ATTACHMENT Z.
Letter from Operator received
May 18, 2023
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ATTACHMENT AA.
Notice of Termination Letter and
Attachments dated
August 22, 2023
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ATTACHMENT BB.
Email Correspondence dated
August 21, 2023
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From: Stephanie Arechiga
To: Aqua Tergere
Cc: Paloma McEvoy; Cecilia Madrigal; Glenn Ward Calsada; Jessica Guillen; Juan Arauz; Alfonso Noyola Subject: RE: AQUA TERGERE, LLC (8210 ATLANTIC AVE)
Date: Thursday, August 31, 2023 2:00:16 PM
Attachments: image001.png
Citys Letter to Aqua Tergere LLC.pdf
City acceptance of AQUA TERGERE"S Surrender of CCP and Termination of Development Agreement.pdf Memorandum of Termination of Aqua Tergere Development Agreement DA18-011C.pdf Good afternoon Charles,
The City is granting a two week extension through Friday, September 15, 2023 for Aqua Tergere, LLC to respond to the City of Cudahy’s letter dated August 22, 2023, attached for reference.
Thank you,
Stephanie A. Arechiga, Esq.
Associate Attorney
OLIVAREZ MADRUGA LAW ORGANIZATION, LLP
500 S GRAND AVE, 12TH FL, LOS ANGELES, CA 90071
TEL: 213.744.0099 • FAX: 213.744.0093
WWW.OMLOLAW.COM
Privileged and Confidential Communication
This e-mail message is intended only for the personal and confidential use of the designated recipients. This message may be an attorney-client communication, and as such is privileged and confidential. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, forwarding or copying of this message is strictly prohibited. Please notify us immediately by reply e-mail or telephone, and delete the original message and all attachments from your system.
From: Aqua Tergere <[email protected]>
Sent: Thursday, August 31, 2023 9:45 AM
To: Cecilia Madrigal <[email protected]>
Cc: Glenn Ward Calsada <[email protected]>; Jessica Guillen <[email protected]>; Stephanie Arechiga <[email protected]>; Juan Arauz <[email protected]>; Alfonso Noyola <[email protected]>
Subject: Re: AQUA TERGERE, LLC (8210 ATLANTIC AVE)
Dear Ms. Gonzales and Team,
I'm writing this email to inform you and the city of Cudahy that we have been attempting to reach council and they are unavailable until after the labor day holiday. We are requesting an extension up to and including September 15, 2023 to evaluate and respond to their correspondence.
Thank you,
Administrative Review Record - Aqua Tergere, LLC
Charles Arden,
Aqua Teregere LLC
On Tue, Aug 22, 2023 at 1:56 PM Cecilia Madrigal <[email protected]> wrote:
Dear Mr. Arden,
Please find the attached letter from the City of Cudahy relating to the City’s acceptance of Aqua Tergere LLC (Suspended) to surrender their Cannabis Commercial Permit and termination of Development Agreement.
The documents enclosed must be signed, notarized, and returned no later than 10 days from the date of this letter.
Thank you,
Cecilia Madrigal-Gonzalez
Senior Planner
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323-773-5143 Ext. 252
www.cityofcudahy.com
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT CC.
Demolition Permit finaled
November 12, 2023
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT DD.
3rd Party Plan Checker Record Log
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT EE.
Plan Check #PC18-0001
Complete Plans
Administrative Review Record - Aqua Tergere, LLC
5220 Santa Ana St. | Cudahy, CA
90201
BUILDING PLAN CHECK APPLICATION + EARLY PLAN
CHECK REQUEST
To obtain a building permit, applicant must submit the following:
FIRST PLAN CHECK: ONE (1) complete set of project plans and a copy of all plans on a USB drive1
;
FINAL PLAN CHECK: TWO (2) complete sets of project plans and a copy of all plans on a USB drive. Plan sets must be submitted signed/stamped by the designer or licensed professional. \
Early Plan Check may be requested by the applicant. Earl Plan Check includes preliminary building and fire consult, including preliminary site inspections, as needed. To qualify for Early Plan Check, applicants must submit the required fees, a signed reimbursement agreement and a Early Plan Check Waiver. Once plans have be finalized, Applicants may submit for final approval (Plan Check). Once approved, Applicants may receive building permits.
Please complete the form below and submit with project plan sets.
APPLICANT INFORMATION
Applicant (Executive or Controlling
Member) Contact Information
(required):
Name:
Phone:
Email:
Building Application Type: New Building/Construction Tenant Improvements
Grading Plumbing Electrical
Mechanical
Other
1 All additional Plan Checks can be submitted using the FIRST PLAN CHECK guidelines
Administrative Review Record - Aqua Tergere, LLC
__________________________________
Site Address:
Facility telephone number:
RUSH PLAN CHECK RUSH Fee is 50% of total Plan Check Fee 2 Approved Cannabis Permit Type(s):
Cultivation Manufacturing
Distribution
Retail Delivery Micro-business
Testing
PLAN CHECK INFORMATION
A complete set of plans consists of the following mandatory items:
Site Plan
Site plan must comply with the Planning
project site plan depicting such things as
property lines, north arrow, all buildings or
structures, setbacks to property lines and
creeks, driveways, lot dimensions, drainage
features, contour lines, septic system, well,
fire safe standards requirements, etc.
Floor Plan
Show dimensions, use of each room,
windows, doors, plumbing fixtures,
electrical and mechanical features.
Foundation Plan
Show dimensions, type of foundation,
details of all footings (interior and exterior),
fireplace supports, porches, patios, garage
slabs, straps, tie downs, anchor bolts,
retaining walls, crawl space access and
ventilation.
Elevations
Exterior views from each side (min. of 4
sides) showing and identifying all exterior
building materials, windows, doors, roof
pitch, existing and proposed grade,
setbacks to all slopes steeper than 3:1
(hor:ver) stepped footing outline and
appropriate details.
Framing Plan Show all floors, ceilings, roofs, stairs, walls, 2 Plan check fess are calculated at $160/hr. for commercial cannabis projects and plans are typically returned within 5 working days. All plan check fees will be charged to the operators entitlement deposit account, unless otherwise requested.
SHEET P-1 PAGE 34 OF SET SHEET A 201 PAGE 16 OF SET
PROJECT IS A TENANT
IMPROVEMENT NO FOUNDATION
REQUIRED SHEET A 3.01 PAGE 25 OF SET SHEETS A521 AND A561 PAGE 19 AND 20 OF SET
Administrative Review Record - Aqua Tergere, LLC
decks and porches. Identify the size and
spacing of all framing members, locate all
tie downs, connections and cross reference
all applicable details. Dimension heights of
floors, ceilings and roofs from grade.
Cross Sections
At least one cross section through entire
building from bottom of footing to top of roof
structure. Identify all structural members
and insulation. Include other sections as
required for complex structures, fireplaces,
and special framing details.
Structural Details
Structural details of all foundation, floor,
wall, and roof construction. Include
connections, support of beams, flashing
and wood to earth separation details.
Signed Drawings
Plans must be signed by the designer. If
the structure is commercial/industrial or if
structural changes are proposed, plans
must be signed/stamped by a license
professional.
Disabled Accessibility
Detail for all existing and new disabled
access represented on all commercial
building plans
Title 24 Energy Calcs
All new construction and additions that
increase conditioned floor space and
volume require two (2) signed and stamped
sets of Title 24 energy calculations.
Engineering Calcs
Any non-conventional construction (metal,
concrete, masonry or long spans) requires
two (2) signed and stamped sets of
structural calculations.
Geotechnical Report
Two (2) signed and stamped sets are
required for all new commercial structures,
or if indicated in structural calculations,
building plans, subdivision development
plans or by site evaluation. A plan review
letter from the geotechnical engineer,
verifying that all geotechnical
recommendations have been adhered to,
may also be required.
Truss Calcs & Layout Two (2) signed and stamped sets are required prior to underfloor inspection when
engineered trusses are used. Trusses over
40 feet long require engineered design of
supporting walls at initial plan check
SHEET A 501 PAGE 18 OF SET SHEET A 521 AND A 561 PAGE 19 AND 20 OF SET STAMPS IN TOP RIGHT CORNER SHEETS E0.1 AND E0.2 PAGE 2 AND 3 OF THIS SET
TENANT IMPROVEMENT NO
NON-CONVENTIONAL CONSTRUCTION
TENANT IMPROVEMENT BUILDING
AND FOUNDATION PRE EXSISTING
TENANT IMPROVEMENT BUILDING
AND FOUNDATION PRE EXSISTING
TENANT IMPROVEMENT BUILDING
AND FOUNDATION PRE EXSISTING
Administrative Review Record - Aqua Tergere, LLC
submittal.
Grading Plan/Permit
Required if project meets the criteria
established by the current California
Building Code.
Conditions of Approval (if, applicable)
All Planning Department Conditions of
Approval shall be included on a separate
sheet, or sheets, of blueprint plan sets to be
submitted for building and grading permit
applications. NOTE: Early Plan Check
plans may not have conditions of approval
at the time of Early Plan Check.
Conditions must be incorporated by
reference on all final approved plans.
Additional Information
Provide the following information:
□ specs and cut sheets for all
equipment to be used
□ specs and cut sheets for all lighting
used for cultivation
□ information regarding water
recycling, equipment and percentage
□ information in water discharge
□ information and show location of
waste storage and management
Mechanical, Electrical, Plumbing and
Structural Plans Provide as required by project
FIRE + SAFETY PLAN CHECKLIST
EVERY APPLICANT AND LICENSEE SHALL DEVELOP AND IMPLEMENT A FIRE SAFETY PLAN. AT A MINIMUM, THE FIRE SAFETY PLAN SHOULD PROVIDE
OCCUPANT INORMATION FOR CONTROL OF FIRE HAZARDS, MAINTENANCE OF
FIRE PROTECTION SYSTEMS, AND EVACUATION PROCEDURES FOR THEIR BULDING.
Note: Some of the information below should be included with Building Plans. This checklist is designed to help applicants prepare plans which identify all items related to fire and hazmat safety. Planning Project Plans will be routed through LACF prior to approval. Building (construction) plans will also be routed to LACF post approval (or with Planning Project Plans if Early Plan Check is selected.
Fire Protection Systems Include sprinkler and fire alarm systems, hose stations, portable fire
extinguishers, emergency lights, voice
communication systems, and exit signs
TENANT IMPROVEMENT BUILDING
AND FOUNDATION PRE EXSISTING
LAB EQUIPMENT CUT SHEETS
ATTACHED TO EMAIL.
WATER DISCHARGE P1 AND P2 P-1 SITE PLAN PAGE 34 ALL M,E, AND P SHEETS ATTACHED SHOWN ON A000 AND A201 NO FIRE SPRINKLERS AT BUILDING
EMERGENCY LIGHTS, EXIT SIGNS,
AND COMMUNICATION SYSTEMS
SHOWN ON E2.0 PAGE 6 OF SET
Administrative Review Record - Aqua Tergere, LLC
Means of Egress Indicate number of exits with continuous path of travel provided by a doorway,
hall-way, corridor for the escape of
persons from any point in a building, or
room to a public acceptable open space.
Exits Indicate all door locations and sizes,
emergency illumination, widths of flow
paths and travel distances, exit sign
locations and types of signage used.
Alarms and Detection System Indicate smoke detector and audible alarm device designed to sound an
alarm within the room to which it is
located upon detection of smoke.
Provide documentation of annual
certification and/or manufactures
recommendation. Identify the location of
the panel and exterior signage. Indicate
coverage area, alarm panels and
coverage, and all other applicable
information.
Standpipe System Indicate the arrangement of piping,
valves, hose connections for the
purpose of extinguishing a fire with
adequate water pressure
Hazardous Materials Indicate where all hazardous
(flammable) materials will be stored.
Include detailed notes regarding the
following:
□ Max. Allowable Quantities
(MAQs) per Hazardous Materials
Classification
□ Fire Resistance Rating for all
control areas (1hr min required)
□ Water Treatment
□ Waste Storage Receptacles
□ Signage
□ Extinguishing System
□ Ventilation Systems
□ Air Evacuation System
□ Air Evacuation Systems
□ Alarms
□ Doors/Self-closers
A201 PAGE 16 OF SET
A201 PAGE 16 OF SET
A751 PAGE 21 OF SET
NO FIRE SPRINKLERS ON SITE A751 PAGE 21 OF SET
M2 PAGE 27 OF SET
P1 AND P2 PAGE 32 AND 33 OF SET
A201 PAGE 16 OF SET A000 PAGE 10 OF SET P-1 PAGE 34 OF SET
Administrative Review Record - Aqua Tergere, LLC
Obstructions Ensure during alterations and repairs
that the building and its occupants are
not exposed to undue fire hazards
created by equipment or supplies which
are brought into or around the building
limiting egress
Main Entrance & Access Identify all access to property and building including main entrance, gates,
doors, and driveways. Identify all
exterior doors, windows and loading
docks or areas.
Materials & Storage Identify all storage rooms and containers with appropriate labeling, storage type
and quantities
Hydrants / Shutoffs/ FDC’s Identify surrounding fire hydrants, FDC’s, and emergency shut off valves
Extinguishers Indicate all extinguishers throughout
building (2A:10B:C minimum acceptable
fire extinguisher size)
Property Line & Cross Streets Include building address with surrounding streets and property lines
Electrical Plans Identify all Class 1 – Division 1 or
Division 2
Locations of all explosion proof related
equipment, all receptacle locations and
emergency power sources.
Sprinkler Plans Include the following:
□ Improvement Notes
□ Scope of Work (existing vs.
proposed)
□ Building Information (Occupancy,
construction type, fire protection
systems, number of stores, area
square footage, and occupancy
change (if applicable)
□ Legend (include piping, hangers,
couplings, seismic bracing and
hydraulic reference)
P-1 PAGE 34 A201 PAGE 16 OF SET P-1 PAGE 34 OF SET A201 PAGE 16 OF SET P-1 PAGE 34 OF SET A001,A002,A003,A004,A005
PAGES 11,12,13,14,15 OF SET
E3.0 PAGE 7 OF SET
A000 PAGE 10 OF SET
NO SPRINKLERS AT BUILDING
Administrative Review Record - Aqua Tergere, LLC
Extraction Areas Provide the following information for
extraction areas:
□ Capacity
□ Piping
□ Inter-locks
□ Alarms
□ Leak Detection/Sensor Locations
□ Mechanical Exhaust
□ Venting
□ Emergency Exhaust Systems
□ Emergency Shut-Offs
□ Alarm Panel
□ Signage
□ Compartmentation (including
location and rating of fire areas,
fire walls, and fire partitions)
□ Protected Openings (fire
doors/self-closing/directional exit,
etc.)
□ Fire Windows
□ Fire Dampers
□ Electronic Equipment
□ Ovens
□ Heating Processes
□ Refrigeration
□ Equipment/Intrinsically Safe Tools
(rated)
CO2 Enrichment Provide detailed information regarding
the following and indicate all applicable
items on all project plans:
□ Tank Location
□ Capacity
□ Piping
□ Inter-locks
□ Alarms
□ Leak Detection/Sensor Locations
□ PEL Detection locations.
□ Mechanical Exhaust
□ Venting
□ Emergency Exhaust System
□ Alarm Panel
□ Shut-offs
□ Signage
ON PROPERTY
CUT SHEETS ATTACHED FOR C1D1
Administrative Review Record - Aqua Tergere, LLC
□ Pressure Differential Systems
LA COUNTY PUBLIC HEALTH DEPARTMENT – ENVIORNMENTAL HEALTH
CHECKLIST
THE FOLLOWING INFORMATION IS REQUIRED FOR EHD PLAN CHECK. TO
FIND OUT MORE INFORMATION REGARDING THE EHD CANNABIS
REQUIREMENTS, PLEASE VISIT http://publichealth.lacounty.gov/media/Cannabis/ Ceiling, HVAC and Lighting Provide detailed information for all heating and ventilation systems, AC
systems, light locations, all system
equipment specifications and a finish
schedule for floors, walls, and ceilings
that indicate the type of material, the
surface finish, the color, and the type of
coved base at the floor-wall juncture.
Waste Management Describe how waste will be stored onsite and indicate location of waste receptacles.
Odor Management and Ventilation Provide detailed information for filtration system specifications and indicate
locations of all equipment. Include hood
equipment, elevations and make-up air.
Indicate the type of comfort cooling in
building, e.g. “building is cooled by
refrigerated air condition”, “evaporative
cooling”, or “no cooling system is
installed.
M1 AND M2 PAGES 26 AND 27
E2.0 PAGE 6 OF SET
P-1 PAGE 34 OF SET M1 AND M2 PAGES 26 AND 27 OF SET
Administrative Review Record - Aqua Tergere, LLC
EARLY PLAN CHECK AUTHORIZATION
APPLICANT:
PROJECT NO.:
SITE LOCATION:
NOTICE: The City of Cudahy and City Representatives make no representation, warranty or guaranty that your Application will be approved, in whole or in part, or as currently proposed and processed. The City reserves all rights with respect to conditioning City Planning approval of your Application upon compliance with further conditions or changes to building plans or permits, pending or approved. Applicant agrees to modify or revise its building plans to comply with City Planning conditions which may be later imposed as conditions for approval of the Application.
By signing below, the undersigned hereby releases, waives and holds harmless the City of Cudahy and its Council members, officers, employees, and agents (collectively "City Representatives") from any and suits, claims, damages, losses, injuries, (including economic injury, loss of contract rights, property damage, bodily injury or death), and any other compensable loss of any type (collectively "Claims") to you or your company, agents, representatives, successor, assigns or transferees arising out of or related to the denial, delay in or reliance upon the approval of your application for BUILDING PERMIT (hereinafter "Application"), whether or not caused by the negligence of the City or City Representatives. This release does not apply to the extent the Claims are caused by the gross negligence or willful or wanton misconduct of the City or City Representatives. You further agree that in the event any third party brings a Claim against the City or City Representatives pertaining to your Application you shall defend and indemnify the City and City Representatives from any and all Claims. The City reserves the right to select legal counsel.
Applicant 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 notwithstanding, Applicant agrees that the release provided herein shall apply to such unknown
Administrative Review Record - Aqua Tergere, LLC
or unknowable claims and damages. Without limiting the generality of the foregoing, Applicant acknowledges the provisions of California Civil Code Section 1542, which provide:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Applicant hereby waives, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect. Initials
I CERTIFY THAT I HAVE READ AND UNDERSTAND THIS AND AGREE ON BEHALF OF MYSELF AND MY COMPANY, REPRESENTATIVES, SUCCESSORS AND ASSIGNS.
APPLICANT'S SIGNATURE
DATE
**FOR STAFF USE ONLY**
APPLICATION RECEIVED PLAN CHECK REQUEST PLAN SUBMITTED PLAN CHECK DUE Prelim Plan Review
1st Plan Check
2nd Plan Check
3rd Plan Check
Building
Electrical
Plumbing
Structural
Grading
PRELIM INSPECTION PRELIM INSPECTION
DATE
INITIAL INSPECTION
DATE
FINAL INSPECTION
DATE
Building
Fire
Safety
Other
1st
2nd
3rd
Administrative Review Record - Aqua Tergere, LLC
DINING DOWNLIGHTS KITCHEN
SCALE:
CONCEPTUAL LIGHTING CONTROL DIAGRAM 1 NTS
SCALE:
CONCEPTUAL LIGHTING CONTROL DIAGRAM 1 NTS
SCALE:
CONCEPTUAL LIGHTING CONTROL DIAGRAM 1 NTS
SCALE:
CONCEPTUAL LIGHTING CONTROL DIAGRAM 1 NTS
D
F
E0.0
ELECTRICALSPECIFICATIONS
TME OA
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
Administrative Review Record - Aqua Tergere, LLC
E0.1
T24(INDOOR LIGHTING)
TME OA
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
Administrative Review Record - Aqua Tergere, LLC
E0.2
T24(OUTDOOR LIGHTING)
TME OA
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
Administrative Review Record - Aqua Tergere, LLC
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
ELECTRICAL SITE PLAN
1" = 10'-0"
NORTH
E1.0
ELECTRICALSITE PLAN
TME OA
Administrative Review Record - Aqua Tergere, LLC
0.3 0.50.60.70.81.01.00.80.70.70.60.50.3
0.40.71.11.41.71.81.81.71.51.31.10.90.6 0.50.91.62.32.72.72.62.72.51.81.81.30.8
0.50.91.63.22.72.73.73.91.92.41.71.0 2.11.91.0
3.42.11.0 2.21.91.0
1.31.20.8 0.51.01.83.53.93.23.63.92.81.91.1
0.61.01.72.63.02.93.02.72.31.51.0 0.50.71.11.41.61.81.71.41.30.90.7
0.30.50.60.70.81.00.80.70.70.50.4 0.20.20.30.30.30.40.40.30.30.30.2
0.10.10.10.10.10.10.10.10.10.10.1 0.00.00.00.00.00.00.00.00.00.00.0
0.00.00.00.00.00.00.00.00.00.00.0 4.2
SA @ 12'
SA @ 12'
SA @ 12'
SAE @ 12'
SAE @ 12'
StatisticsDescription Symbol Avg Max Min Max/Min Avg/Min FC @ GRADE 1.1 fc 4.2 fc 0.0 fc N/A N/A
Schedule
Symbol Label Quantity Manufacturer Catalog Number Description Lamp Number Lamps Filename Lumens Per Lamp Light Loss Factor Wattage SA
3 Lithonia Lighting DSXW1 LED 20C 700 40K T4M
MVOLT
DSXW1 LED WITH (2) 10 LED LIGHT ENGINES, TYPE T4M OPTIC, 4000K, @ 700mA.
LED 1 DSXW1_LED_20C_700_
40K_T4M_MVOLT.ies
5343 0.91 45.7
SAE
2 Lithonia Lighting DSXW1 LED 20C 700 40K T4M
MVOLT ELCW
DSXW1 LED WITH (2) 10 LED LIGHT ENGINES, TYPE T4M OPTIC, 4000K, @ 700mA. WITH BATTERY PACK LED 1 DSXW1_LED_20C_700_
40K_T4M_MVOLT.ies
5343 0.91 45.7
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
EXTERIOR PHOTOMETRIC PLAN
1" = 10'-0"
NORTH
E1.1
EXTERIORPHOTOMETRIC PLAN
TME OA
SA/SAE
Administrative Review Record - Aqua Tergere, LLC
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
LIGHTING FLOOR PLAN
1/4" = 1'-0"
NORTH
8 12
6 4
2 0
E2.0
LIGHTINGFLOOR PLAN
TME OA
Administrative Review Record - Aqua Tergere, LLC
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
POWER FLOOR PLAN
1/4" = 1'-0"
NORTH
8 12
6 4
2 0
E3.0
POWERFLOOR PLAN
TME OA
Administrative Review Record - Aqua Tergere, LLC
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
E4.0
ONE LINEDIAGRAM
TME OA
Administrative Review Record - Aqua Tergere, LLC
8100 East Indian School Road | Scottsdale, Arizona 85251 | P: 480.361.6269 | F: 480.247.4993 | www.abceng.net Project Number: | Project Manager: 18118 OA & JEB
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:
DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
E4.1
PANEL SCHEDULES
TME OA
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
CHAPTER 5
NONRESIDENTIAL MANDATORY MEASURES
SECTION 5.101 GENERAL
5.101.1 Scope
The provisions of this chapter outline planning, design and development methods that include environmentally responsible site selection, building design, building siting and development to protect, restore and enhance the environmental quality of the site and respect the integrity of adjacent properties.
DIVISION 5.1 PLANNING AND DESIGN
2013 CALIFORNIA GREEN BUILDING STANDARDS CODE
NONRESIDENTIAL MANDATORY MEASURES, SHEET 1 (INCLUDING JANUARY 1, 2017 ERRATA)
INSPECTOR
SIGNOFF
SECTION 5.102 DEFINITIONS
5.102.1 DEFINITIONS
The following terms are defined in Chapter 2 (and are included here for reference) CUTOFF LUMINAIRES. Luminaires whose light distribution is such that the candela per 1000 lamp lumens does not numerically exceed 25 (2.5 percent) at an angle of 90 degrees above nadir, and 100 (10 percent) at a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire.
LOW-EMITTING AND FUEL EFFICIENT VEHICLES.Eligible vehicles are limited to the following:
1. Zero emission vehicle (ZEV), including neighborhood electric vehicles (NEV), partial zero emission vehicle (PZEV), advanced technology PZEV (AT ZEV) or CNG fueled (original equipment manufacturer only) regulated under Health and Safety Code section 43800 and CCR, Title 13, Sections 1961 and 1962.
2. High-efficiency vehicles, regulated by U.S. EPA, bearing High-Occupancy Vehicle (HOV) car pool lane stickers issued by the Department of Motor Vehicles.
NEIGHBORHOOD ELECTRIC VEHICLE (NEV). A motor vehicle that meets the definition of "low-speed vehicle" either in Section 385.5 of the Vehicle Code or in 49CFR571.500 (as it existed on July 1, 2000), and is certified to zero-emission vehicle standards.TENANT-OCCUPANTS. Building occupants who inhabit a building during its normal hours of operation as permanent occupants, such as employees, as distinguished from customers and other transient visitors.
VANPOOL VEHICLE. Eligible vehicles are limited to any motor vehicle, other than a motortruck or truck tractor, designed for carrying more than 10 but not more than 15 persons including the driver, which is maintained and used primarily for the nonprofit work-related transportation of adults for the purpose of ridesharing.
Note: Source: Vehicle Code, Division 1, Section 668
ZEV. Any vehicle certified to zero-emission standards.
SECTION 5.106 SITE DEVELOPMENT
5.106.1 STORM WATER POLLUTION PREVENTION. Newly constructed projects and additions which disturb less than one acre of land shall prevent the pollution of storm water runoff from the construction activities through one or more of the following measures:
5.106.1.1 Local ordinance. Comply with a lawfully enacted storm water management and/or erosion control ordinance.
5.106.1.2 Best Management Practices (BMP). Prevent the loss of soil through wind or water erosion by implementing an effective combination of erosion and sediment control and good housekeeping BMP.
1. Soil loss BMP that should be considered for each project include, but are not limited to, the following:
a. Scheduling construction activity.
b. Preservation of natural features, vegetation and soil. c. Drainage swales or lined ditches to control stormwater flow.d. Mulching or hydroseeding to stabilize disturbed soils.e. Erosion control to protect slopes. f. Protection of storm drain inlets (gravel bags or catch basin inserts). g. Perimeter sediment control (perimeter silt fence, fiber rolls). h. Sediment trap or sediment basin to retain sediment on site.i. Stabilized construction exits. j. Wind erosion control.
k. Other soil loss BMP acceptable to the enforcing agency.
2. Good housekeeping BMP to manage construction equipment, materials and wastes that should be considered for implementation as appropriate for each project include, but are not limited to, the following:
a. Material handling and waste management.
b. Building materials stockpile management.
c. Management of washout areas (concrete, paints, stucco, etc.).d. Control of vehicle/equipment fueling to contractor's staging area.e. Vehicle and equipment cleaning performed off site. f. Spill prevention and control.
g. Other housekeeping BMP acceptable to the enforcing agency.
DIVISION 5.2 ENERGY EFFICIENCY
SECTION 5.201 GENERAL5.201.1 Scope [BSC-CG]. California Energy Code [DSA-SS]. For the purposes of mandatory energy efficiency standards in this code, the California Energy Commission will continue to adopt mandatory building standards.
DIVISION 5.3 WATER EFFICIENCY AND CONSERVATION
SECTION 5.301 GENERAL5.301.1 Scope. The provisions of this chapter shall establish the means of conserving water use indoors, outdoors and in wastewater conveyance.
SECTION 5.302 DEFINITIONS5.302.1 Definitions. The following terms are defined in Chapter 2 (and are included here for reference) EVAPOTRANSPIRATION ADJUSTMENT FACTOR (ETAF) [DSA-SS]. An adjustment factor when applied to reference evapotranspiration that adjusts for plant factors and irrigation efficiency, which ae two major influences on the amount of water that needs to be applied to the landscape.
FOOTPRINT AREA [DSA-SS]. The total area of the furthest exterior wall of the structure projected to natural grade, not including exterior areas such as stairs, covered walkways, patios and decks.
METERING FAUCET. A self-closing faucet that dispenses a specific volume of water for each actuation cycle. The volume or cycle duration can be fixed or adjustable.
GRAYWATER. Pursuant to Health and Safety Code Section 17922.12, "graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthybodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines and laundry tubs, but does not include waste water from kitchen sinks or dishwashers.
MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO). The California ordinance regulating landscape design, installation and maintenance practices that will ensure commercial, multifamily and other developer installed landscapes greater than 2500 square feet meet an irrigation water budget developed based on landscaped area and climatological parameters.
MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO). [HCD] The California model ordinance (California Code of Regulations, Title 23, Division 2, Chapter 2.7), regulating landscape design, installation andmaintenance practices. Local agencies are required to adopt the updated MWELO, or adopt a local ordinance at least as effective as the MWELO.
POTABLE WATER. Water that is drinkable and meets the U.S. Environmental Protection Agency (EPA) Drinking Water Standards. See definition in the California Plumbing Code, Part 5.
POTABLE WATER. [HCD] Water that is satisfactory for drinking, culinary, and domestic puroses, and meets the U.S.
Environmental Protection Agency (EPA) Drinking Water Standards and the requirements of the Health Authority Having Jurisdiction.
RECYCLED WATER. Water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur [Water Code Section 13050 (n)]. Simply put, recycled water is water treated to remove waste matter attaining a quality that is suitable to use the water again.
SUBMETER. A meter installed subordinate to a site meter. Usually used to measure water intended for one purpose,such as landscape irrigation. For the purposes of CALGreen, a dedicated meter may be considered a submeter.
WATER BUDGET. Is the estimated total landscape irrigation water use which shall not exceed the maximum appliedwater allowance calculated in accordance with the Department of Water Resources Model Efficient Landscape Ordinance (MWELO).5.303.3 WATER CONSERVING PLUMBING FIXTURES AND FITTINGS. Plumbing fixtures (water closets and urinals) and fittings (faucets and showerheads) shall comply with the following:
5.303.3.1 Water Closets. The effective flush volume of all water closets shall not exceed 1.28 gallons per flush. Tank-type water closets shall be certified to the performance criteria of the U.S. EPA WaterSense Specification for Tank-Type toilets.
Note: The effective flush volume of dual flush toilets is defined as the composite, average flush volume of two reduced flushes and one full flush.
5.303.3.2 Urinals. The effective flush volume of urinals shall not exceed 0.5 gallons per flush.5.303.3.3 Showerheads.
5.303.3.3.1 Single showerhead. Showerheads shall have a maximum flow rate of not more than 2.0 gallons per minute at 80 psi. Showerheads shall be certified to the performance criteria of the U.S. EPA WaterSense Specification for Showerheads.
5.303.3.3.2 Multiple showerheads serving one shower. When a shower is served by more than one showerhead, the combined flow rate of all the showerheads and/or other shower outlets controlled by a single valve shall not exceed 2.0 gallons per minute at 80 psi, or the shower shall be designed to allow only one shower outlet to be in operation at a time.
Note: A hand-held shower shall be considered a showerhead.
5.303.3.4 Faucets and fountains.
5.303.3.4.1 Nonresidential Lavatory faucets. Lavatory faucets shall have a maximum flow rate of not more than 0.5 gallons per minute at 60 psi.
5.303.3.4.2 Kitchen faucets. Kitchen faucets shall have a maximum flow rate of not more than 1.8 gallons per minute at 60 psi. Kitchen faucets may temporarily increase the flow above the maximum rate, but not to exceed 2.2 gallons per minute at 60 psi, and must default to a maximum flow rate of 1.8 gallonsper minute at 60 psi.
5.303.3.4.3 Wash fountains. Wash fountains shall have a maximum flow rate of not more than1.8 gallons per minute/20 [rim space (inches) at 60 psi].
5.303.3.4.4 Metering faucets. Metering faucets shall not deliver more than 0.20 gallons per cycle.5.303.3.4.5 Metering faucets for wash fountains. Metering faucets for wash fountains shall have a maximum flow rate of not more than 0.20 gallons per minute/20 [rim space (inches) at 60 psi].
Note: Where complying faucets are unavailable, aerators or other means may be used to achieve reduction.
5.303.4 COMMERCIAL KITCHEN EQUIPMENT.
5.303.4.1 Food Waste Disposers. Disposers shall either modulate the use of water to no more than 1 gpm when the disposer is not in use (not actively grinding food waste/no-load) or shall automatically shut off after no more than 10 minutes of inactivity. Disposers shall use no more than 8 gpm of water.
Note: This code section does not affect local jurisdiction authority to prohibit or require disposer installation.
5.303.5 AREAS OF ADDITION OR ALTERATION. For those occupancies within the authority of the California Building Standards Commission as specified in Section 103, the provisions of Section 5.303.3 and 5.303.4 shall apply to new fixtures in additions or areas of alteration to the building.
5.303.6 STANDARDS FOR PLUMBING FIXTURES AND FITTINGS. Plumbing fixtures and fittings shall be installed in accordance with the California Plumbing Code, and shall meet the applicable standards referenced in Table 1701.1 of the California Plumbing Code and in Chapter 6 of this code.
5.106.5.2.1 - Parking stall marking. Paint, in the paint used for stall striping, the following characters such that the lower edge of the last word aligns with the end of the stall striping and is visible beneath a parked vehicle: CLEAN AIR / VAN POOL / EV Note: Vehicles bearing Clean Air Vehicle stickers from expired HOV lane programs may be considered eligible for designated parking spaces.
5.106.5.3 Electric vehicle (EV) charging. [N] Construction shall comply with Section 5.106.5.3.1 or Section 5.106.5.3.2 to facilitate future installation of electric vehicle supply equipment (EVSE).
When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Energy Commission (CEC) and as follows:
5.106.5.3.1 Single charging space requirements. [N] When only a single charging space is required per Table 5.106.5.3.3, a raceway is required to be installed at the time of construction and shall be installed in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:
1. The type and location of the EVSE.
2. A listed raceway capable of accommodating a 208/240 -volt dedicated branch circuit.
3. The raceway shall not be less than trade size 1."
4. The raceway shall originate at a service panel or a subpanel serving the area, and shall terminate in close proximity to the proposed location of the charging equipment and listed suitable cabinet, box, enclosure or equivalent.
5. The service panel or subpanel shall have sufficient capacity to accommodate a minimum 40-ampere dedicated branch circuit for the future installation of the EVSE.
5.106.5.3.2 Multiple charging space requirements. [N] When multiple charging spaces are required per Table 5.106.5.3.3 raceway(s) is/are required to be installed at the time of construction and shall be installed in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:
1. The type and location of the EVSE.
2. The raceway(s) shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the charging equipment and into listed suitable cabinet(s), box(es), enclosure(s) or equivalent.
3. Plan design shall be based upon 40-ampere minimum branch circuits.
4. Electrical calculations shall substantiate the design of the electrical system, to include the rating of equipment and any on-site distribution transformers and have sufficient capacity to simultaneously charge all required EVs at its full rated amperage.
5. The service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.
5.106.5.3.3 EV charging space calculations. [N] Table 5.106.5.3.3 shall be used to determine if single or multiple charging space requirements apply for the future installation of EVSE.
Exceptions: On a case-by-case basis where the local enforcing agency has determined EV charging and infrastructure is not feasible based upon one or more of the following conditions:
1. Where there is insufficient electrical supply.
2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of theproject.
TABLE 5.106.5.2 - PARKING
TOTAL NUMBER OF PARKING SPACES NUMBER OF REQUIRED SPACES 0-9 0
10-25 1
25-50 3
51-75 6
76-100 8
101-150 11151-200 16
201 AND OVER AT LEAST 8% OF TOTAL
INSPECTOR
SIGNOFF
INSPECTOR
SIGNOFF
INSPECTOR
SIGNOFF
ABBREVIATION DEFINITIONS:
HCD Department of Housing and Community Development
BSC California Building Standards CommissionDSA-SS Division of the State Architect, Structural Safety OSHPD Office of Statewide Health Planning and Development LR Low Rise
HR High Rise
AA Additions and Alterations
N New
5.106.4.1.2 Long-term bicycle parking. For new buildings with 10 or more tenant-occupants or for additions or alterations that add 10 or more tenant-occupants or for additions or alterations that add 10 or more tenant vehicular parking spaces, provide secure bicycle parking for 5 percent of the tenant vehicleparking spaces being added, with a minimum of one space. Acceptable parking facilities shall be convenient from the street and shall meet one of the following:
1. Covered, lockable enclosures with permanently anchored racks for bicycles;
2. Lockable bicycle rooms with permanently anchored racks; or
3. Lockable, permanently anchored bicycle lockers.
Note: Additional information on recommended bicycle accommodations may be obtained from Sacramento Area Bicycle Advocates.
5.106.4.2 Bicycle parking. [DSA-SS] For public schools and community colleges, comply with Sections 5.106.4.2.1 and 5.106.4.2.2
5.106.4.2.1 Student bicycle parking. Provide permanently anchored bicycle racks conveniently accessed with a minimum of four two-bike capacity racks per new building.
5.106.4.2.2 Staff bicycle parking. Provide permanent, secure bicycle parking conveniently accessed with a minimum of two staff bicycle parking spaces per new building. Acceptable bicycle parking facilities shall be convenient from the street or staff parking area and shall meet one of the following:
1. Covered, lockable enclosures with permanently anchored racks for bicycles;
2. Lockable bicycle rooms with permanently anchored racks; or
3. Lockable, permanently anchored bicycle lockers.
5.106.5.2 DESIGNATED PARKING FOR CLEAN AIR VEHICLES. In new projects or additions or alterations that add 10 or more vehicular parking spaces, provide designated parking for any combination of low-emitting, fuel-efficient and carpool/van pool vehicles as follows:
5.106.4 BICYCLE PARKING. For buildings within the authority of California Building Standards Commission as specified in Section 103, comply with Section 5.106.4.1. For buildings within the authority of the Division of the State Architect pursuant to Section 105, comply with Section 5.106.4.2
5.106.4.1 Bicycle parking. [BSC-CG] Comply with Sections 5.106.4.1.1 and 5.106.4.1.2; or meet the applicable local ordinance, whichever is stricter.
5.106.4.1.1 Short-term bicycle parking. If the project or an addition or alteration is anticipated to generate visitor traffic, provide permanently anchored bicycle racks within 200 feet of the visitors' entrance, readily visible to passers-by, for 5% of new visitor motorized vehicle parking spaces being added, with a minimum of one two-bike capacity rack.
Exception: Additions or alterations which add nine or less visitor vehicular parking spaces.
SECTION 5.303 INDOOR WATER USE5.303.1 METERS. Separate submeters or metering devices shall be installed for the uses described in Sections503.1.1 and 503.1.2.
5.303.1.1 Buildings in excess of 50,000 square feet. Separate submeters shall be installed as follows:
1. For each individual leased, rented or other tenant space within the building projected to consume more than 100 gal/day (380 L/day), including, but not limited to, spaces used for laundry or cleaners, restaurant or food service, medical or dental office, laboratory, or beauty salon or barber shop.
CHAPTER 3GREEN BUILDING
SECTION 301 GENERAL301.1 SCOPE. Buildings shall be designed to include the green building measures specified as mandatory in the application checklists contained in this code. Voluntary green building measures are also included in the application checklists and may be included in the design and construction of structures covered by this code, but are not required unless adopted by a city, county, or city and county as specified in Section 101.7. 301.3 NONRESIDENTIAL ADDITIONS AND ALTERATIONS. [BSC] The provisions of individual sections of Chapter 5 apply to newly constructed buildings, building additions of 1,000 square feet or greater, and/or building alterations with a permit valuation of $200,000 or above (for occupancies within the authority of California Building Standards Commission). Code sections relevant to additions and alterations shall only apply to the portions of the building being added or altered within the scope of the permitted work.
A code section will be designated by a banner to indicate where the code section only applies to newly constructed building [N] or to additions and alterations [A]. When the code section applies to both, no banner will be used.
301.3.1 Nonresidential additions and alterations that cause updates to plumbing fixtures only:
Note: On and after January 1, 2014, certain commercial real property, as defined in Civil Code Section 1101.3, shall have its noncompliant plumbing fixtures replaced with appropriate water-conserving plumbing fixtures under specific circumstances. See Civil Code Section 1101.1 et seq. for definitions, types of commercial real property affected, effective dates, circumstances necessitating replacement of noncompliant plumbing fixtures, and duties and responsibilities for ensuring compliance.
301.3.2 Waste Diversion. The requirements of Section 5.408 shall be required for additions and alterations whenever a permit is required for work. 301.4 PUBLIC SCHOOLS AND COMMUNITY COLLEGES. (see GBSC)301.5 HEALTH FACILITIES. (see GBSC) SECTION 302 MIXED OCCUPANCY BUILDINGS302.1 MIXED OCCUPANCY BUILDINGS. In mixed occupancy buildings, each portion of a building shall comply with the specific green building measures applicable to each specific occupancy.
SECTION 303 PHASED PROJECTS303.1 Phased projects. For shell buildings and others constructed for future tenant improvements, only those code measures relevant to the building components and systems considered to be new construction (or newly constructed) shall apply.
303.1.1 Tenant improvements. The provisions of this code shall apply only to the initial tenant or occupant improvements to a project. Subsequent tenant improvements shall comply with the scoping provisions in Section 301.3 non-residential additions and alterations.
1. Calculation for spaces shall be rounded up to the nearest whole number.
5.106.5.3.4 [N] Identification. The service panel or subpanel(s) circuit directory shall identify the reserved overcurrent protective device space(s) for future EV charging as "EV CAPABLE". The raceway termination location shall be permanently and visibly marked as "EV CAPABLE".5.106.5.3.5 [N] Future charging spaces qualify as designated parking as described in Section 5.106.5.2 Designated parking for clean air vehicles.Notes:
1. The California Department of Transportation adopts and publishes the California Manual on Uniform Traffic Control Devices (California MUTCD) to provide uniform standards and specifications for all official traffic control devices in California. Zero Emission Vehicle Signsand Pavement Markings can be found in the New Policies & Directives number 13-01. www.dot.ca.gov/hq/traffops/policy/13-01.pdf.
2. See Vehicle Code Section 22511 for EV charging spaces signage in off-street parking facilities and for use of EV charging spaces.
3. The Governor's Office of Planning and Research published a Zero-Emission Vehicle Community Readiness Guidebook which provides helpful information for local governments, residents and businesses. www.opr.ca.gov/docs/ZEV_Guidebook.pdf.
TABLE 5.106.5.3.3
TOTAL NUMBER OF PARKING SPACES NUMBER OF REQUIRED SPACES 0-9 0
10-25 1
36-50 2
51-75
4 76-100 5
101-200 7
201 AND OVER 6% of total¹
5.106.8 LIGHT POLLUTION REDUCTION. [N] Outdoor lighting systems shall be designed and installed to comply with the following:
1. The minimum requirements in the California Energy Code for Lighting Zones 1-4 as defined in Chapter 10 of the California Administrative Code; and
2. Backlight, Uplight and Glare (BUG) ratings as defined in IES TM-15-11; and
3. Allowable BUG ratings not exceeding those shown in Table 5.106.8, or Comply with a local ordinance lawfully enacted pursuant to Section 101.7, whichever is more stringent.
Exceptions: [N]
1. Luminaires that qualify as exceptions in Section 140.7 of the California Energy Code.
2. Emergency lighting.
3. Building facade meeting the requirements in Table 140.7-B of the California Energy Code, Part 6.
4. Custom lighting features as allowed by the local enforcing agency, as permitted by Section 101.8 Alternate materials, designs and methods of construction.
Note: [N] See also California Building Code, Chapter 12, Section 1205.6 for college campus lighting requirements for parking facilities and walkways.
5.106.10 GRADING AND PAVING. Construction plans shall indicate how site grading or a drainage system will manage all surface water flows to keep water from entering buildings. Examples of methods to manage surface waterinclude, but are not limited to, the following:
1. Swales.
2. Water collection and disposal systems.
3. French drains.
4. Water retention gardens.
5. Other water measures which keep surface water away from buildings and aid in groundwater recharge.
Exception: Additions and alterations not altering the drainage path.
TABLE 5.106.8 [N] MAXIMUM ALLOWABLE BACKLIGHT, UPLIGHT AND GLARE (BUG) RATINGS 1,2
ALLOWABLE RATING LIGHTING ZONE
1 LIGHTING ZONE
2 LIGHTING ZONE
3 LIGHTING ZONE
4 MAXIMUM ALLOWABLEBACKLIGHT RATING 3
Luminaire greater than 2 mounting
heights (MH) from property line No Limit No Limit No Limit No Limit Luminaire back hemisphere is 1-2MH from property line B2 B3 B4 B4 Luminaire back hemisphere is 0.5-1MH from property line B1 B2 B3 B3 Luminaire back hemisphere is less
than 0.5 MH from property line B0 B0 B1 B2
MAXIMUM ALLOWABLEUPLIGHT RATING
For area lighting 4 U0 U0 U0 U0
For all other outdoor
lighting,including decorativeluminaires
U1 U2 U3 U4
MAXIMUM ALLOWABLE GLARERATING 5
Luminaire greater than 2 MH from
property line G1 G2 G3 G4
Luminaire front hemisphere is 1-2MH from property line G0 G1 G1 G2 Luminaire front hemisphere is 0.5-1MH from property line G0 G0 G1 G1 Luminaire back hemisphere is less
than 0.5 MH from property line G0 G0 G0 G1
1. IESNA Lighting Zones 0 and 5 are not applicable; refer to Lighting Zones as defined in the California Energy Code and Chapter 10 of the Callifornia Administrative Code.
2. For property lines that abut public walkways, bikeways, plazas and parking lots, the property line may be considered to be 5 feet beyond the actual property line for purpose of determining compliance with this section. For property lines that abut public roadways and public transit corridors, the property line may be considered to be the centerline of the public roadway or public transit corridor for the purpose of determining compliance with this section.
3. If the nearest property line is less than or equal to two mounting heights from the back hemisphere of the luminaire distribution, the applicable reduced Backlight rating shall be met.
4. General lighting luminaires in areas such as outdoor parking, sales or storage lots shall meet these reduced ratings. Decorative luminaires located in these areas shall meet U-value limits for "all other outdoor lighting".
5. If the nearest property line is less than or equal to two mounting heights from the front hemisphere of the luminaire distribution, the applicable reduced Glare rating shall be met.
2. Where separate submeters for individual building tenants are unfeasible, for water supplied to the following subsystems:
a. Makeup water for cooling towers where flow through is greater than 500 gpm (30 L/s). b. Makeup water for evaporative coolers greater than 6 gpm (0.04 L/s). c. Steam and hot water boilers with energy input more than 500,000 Btu/h (147 kW).
5.303.1.2 Excess consumption. A separate submeter or metering device shall be provided for any tenant within a new building or within an addition that is projected to consume more than 1,000 gal/day.
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
CG-001
CAL GREENSHEET
Administrative Review Record - Aqua Tergere, LLC
DIVISION 5.4 MATERIAL CONSERVATION AND RESOURCE
EFFICIENCY
SECTION 5.401 GENERAL5.401.1 SCOPE. The provisions of this chapter shall outline means of achieving material conservation and resource efficiency through protection of buildings from exterior moisture, construction waste diversion, employment of techniques to reduce pollution through recycling of materials, and building commissioning or testing and adjusting.
SECTION 5.402 DEFINITIONS5.402.1 DEFINITIONS. The following terms are defined in Chapter 2 (and are included here for reference) ADJUST. To regulate fluid flow rate and air patterns at the terminal equipment, such as to reduce fan speed or adjust a damper.
BALANCE. To proportion flows within the distribution system, including sub-mains, branches and terminals, according to design quantities.
BUILDING COMMISSIONING. A systematic quality assurance process that spans the entire design and construction process, including verifying and documenting that building systems and components are planned, designed, installed, tested, operated and maintained to meet the owner’s project requirements.
ORGANIC WASTE. Food waste, green waste, landscape and pruning wste, nonhazardous wood waste, and food soiled paper waste that is mixed in with food waste.
TEST. A procedure to determine quantitative performance of a system or equipment SECTION 5.407 WATER RESISTANCE AND MOISTURE MANAGEMENT5.407.1 WEATHER PROTECTION. Provide a weather-resistant exterior wall and foundation envelope as required by California Building Code Section 1403.2 (Weather Protection) and California Energy Code Section 150, (Mandatory Features and Devices), manufacturer’s installation instructions or local ordinance, whichever is more stringent.
5.407.2 MOISTURE CONTROL. Employ moisture control measures by the following methods.
5.407.2.1 Sprinklers. Design and maintain landscape irrigation systems to prevent spray on structures.5.407.2.2 Entries and openings. Design exterior entries and/or openings subject to foot traffic or wind-driven rain to prevent water intrusion into buildings as follows:
5.407.2.2.1 Exterior door protection. Primary exterior entries shall be covered to prevent water intrusion by using nonabsorbent floor and wall finishes within at least 2 feet around and perpendicular to such openings plus at least one of the following:
1. An installed awning at least 4 feet in depth.
2. The door is protected by a roof overhang at least 4 feet in depth.
3. The door is recessed at least 4 feet.
4. Other methods which provide equivalent protection.
5.407.2.2.2 Flashing. Install flashings integrated with a drainage plane.
SECTION 5.408 CONSTRUCTION WASTE REDUCTION, DISPOSAL AND
RECYCLING
5.408.1 CONSTRUCTION WASTE MANAGEMENT. Recycle and/or salvage for reuse a minimum of 65% of the non-hazardous construction and demolition waste in accordance with Section 5.408.1.1, 5.408.1.2 or 5.408.1.3; ormeet a local construction and demolition waste management ordinance, whichever is more stringent.
5.408.1.1 Construction waste management plan. Where a local jurisdiction does not have a construction and demolition waste management ordinance, submit a construction waste management plan that:
1. Identifies the construction and demolition waste materials to be diverted from disposal by efficient usage, recycling, reuse on the project or salvage for future use or sale.
2. Determines if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).
3. Identifies diversion facilities where construction and demolition waste material collected will be taken.
4. Specifies that the amount of construction and demolition waste materials diverted shall be calculated by weight or volume, but not by both.
5.408.1.2 Waste Management Company. Utilize a waste management company that can provide verifiable documentation that the percentage of construction and demolition waste material diverted from the landfill complies with this section.
Note: The owner or contractor shall make the determination if the construction and demolition waste material will be diverted by a waste management company.
Exceptions to Sections 5.408.1.1 and 5.408.1.2:
1. Excavated soil and land-clearing debris.
2. Alternate waste reduction methods developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist.
3. Demolition waste meeting local ordinance or calculated in consideration of loacl recycleing facilities and markets.
5.408.1.3 Waste stream reduction alternative. The combined weight of new construction disposal that does not exceed two pounds per square foot of building area may be deemed to meet the 65% minimum requirement as approved by the enforcing agency.
5.408.1.4 Documentation. Documentation shall be provided to the enforcing agency which demonstrates compliance with Sections 5.408.1.1, through 5.408.1.3. The waste management plan shall be updated as necessary and shall be accessible during construction for examination by the enforcing agency.Notes:
1. Sample forms found in "A Guide to the California Green Building Standards Code (Nonresidential)" located at www.bsc.ca.gov/Home/CALGreen.aspx may be used to assist in documenting compliance with the waste management plan.
2. Mixed construction and demolition debris processors can be located at the California Department of Resources Recycling and Recovery (CalRecycle).
5.408.2 UNIVERSAL WASTE. [A] Additions and alterations to a building or tenant space that meet the scoping provisions in Section 301.3 for nonresidential additions and alterations, shall require verification that Universal Wasteitems such as fluorescent lamps and ballast and mercury containing thermostats as well as other California prohibited Universal Waste materials are disposed of properly and are diverted from landfills. A list of prohibited Universal Waste materials shall be included in the construction documents.
Note: Refer to the Universal Waste Rule link at:
http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/upload/OEAR-A_REGS_UWR_FinalText.pdf
5.408.3 EXCAVATED SOIL AND LAND CLEARING DEBRIS. 100 percent of trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. For a phased project, such material may be stockpiled on site until the storage site is developed.
Exception: Reuse, either on or off-site, of vegetation or soil contaminated by disease or pest infestation.Notes:
1. If contamination by disease or pest infestation is suspected, contact the County Agricultural Commissioner and follow its direction for recycling or disposal of the material.
2. For a map of know pest and/or disease quarantine zones, consult with the California Department of Food and Agriculture. (www.cdfa.ca.gov)
DIVISION 5.5 ENVIRONMENTAL QUALITY
SECTION 5.501 GENERAL5.501.1 SCOPE. The provisions of this chapter shall outline means of reducing the quantity of air contaminants that are odorous, irritating, and/or harmful to the comfort and well-being of a building's installers, occupants and neighbors.
SECTION 5.502 DEFINITIONS5.502.1 DEFINITIONS. The following terms are defined in Chapter 2 (and are included here for reference) ARTERIAL HIGHWAY. A general term denoting a highway primarily for through traffic usually on a continuous route.A-WEIGHTED SOUND LEVEL (dBA). The sound pressure level in decibels as measured on a sound level meter using the internationally standardized A-weighting filter or as computed from sound spectral data to which A-weighting adjustments have been made.
1 BTU/HOUR. British thermal units per hour, also referred to as Btu. The amount of heat required to raise one pound of water one degree Fahrenheit per hour, a common measure of heat transfer rate. A ton of refrigeration is 12,000 Btu, the amount of heat required to melt a ton (2,000 pounds) of ice at 320 Fahrenheit.
COMMUNITY NOISE EQUIVALENT LEVEL (CNEL). A metric similar to the day-night average sound level (Ldn), except that a 5 decibel adjustment is added to the equivalent continuous sound exposure level for evening hours (7pm to 10pm) in addition to the 10 dB nighttime adjustment used in the Ldn.
COMPOSITE WOOD PRODUCTS. Composite wood products include hardwood plywood, particleboard and medium density fiberboard. “Composite wood products” does not include hardboard, structural plywood, structural panels,structural composite lumber, oriented strand board, glued laminated timber, timber, prefabricated wood I–joists or finger–jointed lumber, all as specified in California Code of Regulations (CCR), Title 17, Section 93120.1(a).
Note: See CCR, Title 17, Section 93120.1.DAY-NIGHT AVERAGE SOUND LEVEL (Ldn). The A-weighted equivalent continuous sound exposure level for a 24-hour period with a 10 dB adjustment added to sound levels occurring during nighttime hours (10p.m. to 7 a.m.).
DECIBEL (db). A measure on a logarithmic scale of the magnitude of a particular quantity (such as sound pressure, sound power, sound intensity) with respect to a reference quantity.
ELECTRIC VEHICLE (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric motorthat draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current.
Plug-in hybrid electric vehicles (PHEV) are considered electric vehicles. For purposes of the California Electrical Code, off-road, self-propoelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline groundsupport equipment, tractors, boats, and the like, are not included.
ELECTRIC VEHICLE CHARGING STATION(S) (EVCSj). One or more spaces intended for charging electric vehicles.ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.
ENERGY EQUIVALENT (NOISE) LEVEL (Leq). The level of a steady noise which would have the same energy as the fluctuating noise level integrated over the time of period of interest.
EXPRESSWAY. An arterial highway for through traffic which may have partial control of access, but which may or may not be divided or have grade separations at intersections.
FREEWAY. A divided arterial highway with full control of access and with grade separations at intersections.
GLOBAL WARMING POTENTIAL (GWP). The radiative forcing impact of one mass-based unit of a given greenhouse gas relative to an equivalent unit of carbon dioxide over a given period of time. Carbon dioxide is the referencecompound with a GWP of one.
GLOBAL WARMING POTENTIAL VALUE (GWP VALUE). A 100-year GWP value published by the Intergovernmental Panel on Climate Change (IPCC) in either its Second Assessment Report (SAR) (IPCC, 1995); or its Fourth Assessment A-3 Report (AR4) (IPCC, 2007). The SAR GWP values are found in column "SAR (100-yr)" of Table 2.14.; the AR4 GWP values are found in column "100 yr" of Table 2.14.
HIGH-GWP REFRIGERANT. A compound used as a heat transfer fluid or gas that is: (a) a chlorofluorocarbon, a hdrochlorofluorocarbon, a hydrofluorocarbon, a perfluorocarbon, or any compound or blend of compounds, with aGWP value equal to or greater than 150, or (B) any ozone depleting substance as defined in Title 40 of the Code of Federal Regulations, Part 82, sec.82.3 (as amended March 10, 2009).
LONG RADIUS ELBOW. Pipe fitting installed between two lengths of pipe or tubing to allow a change of direction, with a radius 1.5 times the pipe diameter.
LOW-GWP REFRIGERANT. A compound used as a heat transfer fluid or gas that: (A) has a GWP value less than 150, and (B) is not an ozone depleting substance as defined in Title 40 of the Code of Federal Regulations, Part 82,sec.82.3 (as amended March 10, 2009).
MERV. Filter minimum efficiency reporting value, based on ASHRAE 52.2–1999.MAXIMUM INCREMENTAL REACTIVITY (MIR). The maximum change in weight of ozone formed by adding a compound to the "Base REactive Organic Gas (ROG) Mixture" per weight of compound added, expressed to hundreths of a gram (g O3/g ROC).
PRODUCT-WEIGHTED MIR (PWMIR). The sum of all weighted-MIR for all ingredients in a product subject to this article. The PWMIR is the total product reactivity expressed to hundredths of a gram of ozone formed per gram of product (excluding container and packaging).
PSIG. Pounds per square inch, guage.REACTIVE ORGANIC COMPOUND (ROC). Any compound that has the potential, once emitted, to contribute to ozone formation in the troposphere.SCHRADER ACCESS VALVES. Access fittings with a valve core installed.SHORT RADIUS ELBOW. Pipe fitting installed between two lengths of pipe or tubing to allow a change of direction, with a radius 1.0 times the pipe diameter.
SUPERMARKET. For the purposes of Section 5.508.2, a supermarket is any retail food facility with 8,000 square feetor more conditioned area, and that utilizes either refrigerated display cases, or walk-in coolers or freezers connected to remote compressor units or condensing units.
VOC. A volatile organic compound broadly defined as a chemical compound based on carbon chains or rings with vapor pressures greater than 0.1 millimeters of mercury at room temperature. These compounds typically contain hydrogen and may contain oxygen, nitrogen and other elements. See CCR Title 17, Section 94508(a) .
Note: Where specific regulations are cited from different agencies such as SCAQMD, ARB, etc., the VOC definition included in that specific regulation is the one that prevails for the specific measure in question.
SECTION 5.503 FIREPLACES5.503.1 FIREPLACES. Install only a direct-vent sealed-combustion gas or sealed wood-burning fireplace, or a sealed woodstove or pellet stove, and refer to residential requirements in the California Energy Code, Title 24, Part 6, Subchapter 7, Section 150. Woodstoves, pellet stoves and fireplaces shall comply with applicable local ordinances.
5.503.1.1 Woodstoves. Woodstoves and pellet stoves shall comply with U.S. EPA New Source Performance Standards (NSPS) emission limits as applicable, and shall have a permanent label indicating they are certified to meet the emission limits.
SECTION 5.504 POLLUTANT CONTROL5.504.1 TEMPORARY VENTILATION. The permanent HVAC system shall only be used during construction if necessary to condition the building or areas of addition or alteration within the required temperature range for material and equipment installation. If the HVAC system is used during construction, use return air filters with a Minimum Efficiency Reporting Value (MERV) of 8, based on ASHRAE 52.2-1999, or an average efficiency of 30% based on ASHRAE 52.1-1992 Replace all filters immediately prior to occupancy, or, if the building is occupied during alteration, at the conclusion of construction.
5.504.3 Covering of duct openings and protection of mechanical equipment during construction. At the time of rough installation, or during storage on the construction site and until final startup of the heating, cooling and ventilating equipment, all duct and other related air distribution component openings shall be covered with tape, plastic, sheet metal or other methods acceptable to the enforcing agency to reduce the amount of dust, water and debris which may collect in the system.
5.410.2.1 Owner's or Owner Representative's Project Requirements (OPR). [N] The expectations and requirements of the building appropriate to its phase shall be documented before the design phase of the project begins. This documentation shall include the following:
1. Environmental and sustainability goals.
2. Energy efficiency goals.
3. Indoor environmental quality requirements.
4. Project program, including facility functions and hours of operation, and need for after hours operation.
5. Equipment and systems expectations.
6. Building occupant and operation and maintenance (O&M) personnel expectations.
5.410.2.2 Basis of Design (BOD). [N] A written explanation of how the design of the building systems meets the OPR shall be completed at the design phase of the building project. The Basis of Design document shall cover the following systems:
1. Heating, ventilation, air conditioning (HVAC) systems and controls.
2. Indoor lighting system and controls.
3. Water heating system.
4. Renewable energy systems.
6. Water reuse systems.
5.410.2.3 Commissioning plan. [N] Prior to permit issuance a commissioning plan shall be completed to document how the project will be commissioned. The commissioning plan shall include the following:
1. General project information.
2. Commissioning goals.
3. Systems to be commissioned. Plans to test systems and components shall include:
a. An explanation of the original design intent.
b. Equipment and systems to be tested, including the extent of tests. c. Functions to be tested.d. Conditions under which the test shall be performed.e. Measurable criteria for acceptable performance.
4. Commissioning team information.
5. Commissioning process activities, schedules and responsibilities. Plans for the completion of commissioning shall be included.
5.410.2.4 Functional performance testing. [N] Functional performance tests shall demonstrate the correct installation and operation of each component, system and system-to-system interface in accordance with the approved plans and specifications. Functional performance testing reports shall contain information addressingeach of the building components tested, the testing methods utilized, and include any readings and adjustments made.
INSPECTOR
SIGNOFF
INSPECTOR
SIGNOFF
INSPECTOR
SIGNOFF
INSPECTOR
SIGNOFF
5.410.2.6 Commissioning report. [N] A report of commissioning process activities undertaken through the design and construction phases of the building project shall be completed and provided to the owner or representative.
5.410.4 TESTING AND ADJUSTING. Testing and adjusting of systems shall be required for buildings less than 10,000 square feet or new systems to serve an addition or alteration subject to Section 303.1.
5.410.4.2 Systems. Develop a written plan of procedures for testing and adjusting systems. Systems to be included for testing and adjusting shall include at a minimum, as applicable to the project:
1. HVAC systems and controls.
2. Indoor and outdoor lighting and controls.
3. Water heating systems.
4. Renewable energy systems.
5. Landscape irrigation systems.
6. Water reuse systems.
5.410.4.3 Procedures. Perform testing and adjusting procedures in accordance with manufacturer's specifications and applicable standards on each system.
5.410.4.3.1 HVAC balancing. In addition to testing and adjusting, before a new space-conditioning system serving a building or space is operated for normal use, the system shall be balanced in accordance with the procedures defined by the Testing Adjusting and Balancing Bureau National Standards; the National Environmental Balancing Bureau Procedural Standards; Associated Air Balance Council National Standards or as approved by the enforcing agency.
5.410.4.4 Reporting. After completion of testing, adjusting and balancing, provide a final report of testing signed by the individual responsible for performing these services.
5.410.4.5 Operation and maintenance (O & M) manual. Provide the building owner or representative with detailed operating and maintenance instructions and copies of guaranties/warranties for each system. O & M instructions shall be consistent with OSHA requirements in CCR, Title 8, Section 5142, and other related regulations.
5.410.4.5.1 Inspections and reports. Include a copy of all inspection verifications and reports required by the enforcing agency.
2013 CALIFORNIA GREEN BUILDING STANDARDS CODE
NONRESIDENTIAL MANDATORY MEASURES, SHEET 2 (INCLUDING JANUARY 1, 2017 ERRATA) SECTION 5.410 BUILDING MAINTENANCE AND OPERATIONS5.410.1 RECYCLING BY OCCUPANTS. Provide readily accessible areas that serve the entire building and are identified for the depositing, storage and collection of non-hazardous materials for recycling, including (at a minimum)paper, corrugated cardboard, glass, plastics, organic waste, and metals or meet a lawfully enacted local recycling ordinance, if more restrictive.
Exception: Rural jurisdictions that meet and apply for the exemption in Public Resources Code 42649.82 (a)(2)(A) et seq. shall also be exempt from the organic waste portion of this section.
5.410.1.1 Additions. All additions conducted within a 12-month period under single or multiple permits, resulting in an increase of 30% or more in floor area, shall provide recycling areas on site.Exception: Additions within a tenant space resulting in less than a 30% increase in the tenant space floor area.
5.410.1.2 Sample ordinance. Space allocation for recycling areas shall comply with Chapter 18, Part 3, Division 30 of the Public Resources Code. Chapter 18 is known as the California Solid Waste Reuse and Recycling Access Act of 1991 (Act).
Note: A sample ordinance for use by local agencies may be found in Appendix A of the document at the CalRecycle’s web site.
5.410.2 COMMISSIONING. [N] For new buildings 10,000 square feet and over, building commissioning shall be included in the design and construction processes of the building project to verify that the building systems and components meet the owner’s or owner representative’s project requirements. Commissioning shall be performed inaccordance with this section by trained personnel with experience on projects of comparable size and complexity. Alloccupancies other than I-occupancies and L-occupancies shall comply with the California Energy Code as prescribed in California Energy Code Section 120.8. For I-occupancies that are not regulated by OSHPD or for I-occupancies and L-occupancies that are not regulated by the California Energy Code Section 100.0 Scope, all requirements in Sections
5.410.2 through 5.410.2.6 shall apply.
Commissioning requirements shall include:
1. Owner’s or Owner representative’s project requirements.
2. Basis of design.
3. Commissioning measures shown in the construction documents.
4. Commissioning plan.
5. Functional performance testing.
6. Documentation and training.
7. Commissioning report.
Exceptions:
1. Unconditioned warehouses of any size.
2. Areas less than 10,000 square feet used for offices or other conditioned accessory spaces within unconditioned warehouses.
3. Tenant improvements less than 10,000 square feet as described in Section 303.1.1.
4. Open parking garages of any size, or open parking garage areas, of any size, within a structure.
Note: For the purposes of this section, unconditioned shall mean a building, area, or room which does not provide heating and or air conditioning.Informational Notes:
1. IAS AC 476 is an accreditation criteria for organizations providing training and/or certification of commissioning personnel. AC 476 is available to the Authority Having Jurisdiction as a reference for qualifications of commissioning personnel. AC 476 des not certify individuals to conduct functional performance tests or to adjust and balance systems.
2. Functional performance testing for heating, ventilation, air conditioning systems and lighting controls must be performed in compliance with the California Energy Code.
5.410.2.5 Documentation and training. [N] A Systems Manual and Systems Operations Training are required, including Occupational Safety and Health Act (OSHA) requirements in California Code of Regulations (CCR), Title 8, Section 5142, and other related regulations.
5.410.2.5.1 Systems manual. [N] Documentation of the operational aspects of the building shall be completed within the systems manual and delivered to the building owner or representative. The systems manual shall include the following:
1. Site information, including facility description, history and current requirements.
2. Site contact information.
3. Basic operations and maintenance, including general site operating procedures, basic troubleshooting, recommended maintenance requirements, site events log.
4. Major systems.
5. Site equipment inventory and maintenance notes.
6. A copy of verifications required by the enforcing agency or this code.
7. Other resources and documentation, if applicable.
5.410.2.5.2 Systems operations training. [N] A program for training of the appropriate maintenance staff for each equipment type and/or system shall be developed and documented in the commissioning report and shall include the following:
1. System/equipment overview (what it is, what it does and with what other systems and/or equipment it interfaces).
2. Review and demonstration of servicing/preventive maintenance.
3. Review of the information in the Systems Manual.
4. Review of the record drawings on the system/equipment.
SECTION 5.304 OUTDOOR WATER USE5.304.1 SCOPE. The provisions of Section 5.304, Outdoor Water Use reference the mandatory Model Water Efficiency Landscape Ordinance (MWELO) contained within Chapter 2.7, Division 2, Title 23, California Code of Regulations.
5.304.2 OUTDOOR WATER USE IN LANDSCAPE AREAS EQUAL TO OR GREATER THAN 500 SQUARE FEET.
When water is used for outdoor irrigation for new construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review, one of the followingshall apply:
1. A local water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated model ordinance adopted by the Department of Water Resouces (DWR) per Government Code Section 65595(c).
2. The California Department of Water Resources Model Water Efficient Landscape Ordinance (MWELO) commencing with Section 490 of Chapter 2.7, Division 2, Title 23, California Code of Regulations.
5.304.3 OUTDOOR WATER USE IN REHABILITATED LANDSCAPE PROJECTS EQUAL TO OR GREATER THAN 2,500 SQUARE FEET. Rehabilitated landscape project with an aggregate landscape area equal to or greater than2.500 square feet requiring a building or landscape permit, plan check, or design review shall comply with Section
5.304.2, Item 1 or 2.5.304.4 OUTDOOR WATER USE IN LANDSCAPE AREAS OF 2,500 SQUARE FEET OR LESS. Any project with an aggregate area of 2,500 square feet of less may comply with the performance requirements of MWELO or conform to the prescriptive compliance measures contained in MWELO's Appendix D.
5.304.5 GRAYWATER OR RAINWATER USE IN LANDSCAPE AREAS. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcet within the project that has less than 2,500 square feet of landscape and meets the lot or parcel's landscape water requirement (Estimate Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D Section (5).
Notes:
1. DWR's Model Water Efficient Landscape Ordinance, definitions and supporting documents are available at the following link: http://water.ca.gov/wateruseefficiency/landscapeordinance/
2. A water budget calculator is available at the following link:
http://water.ca.gov/wateruseefficiency/landscapeordinance/
3. The MWELO prescriptive compliance measure Appendix D may be found at the following link:
http://water.ca.gov/wateruseefficiency/landscapeordinance/ In addition, a copy of MWELO Appendix D may be found in Chapter 8 of this code.
5.304.6 OUTDOOR POTABLE WATER USE IN LANDSCAPE AREAS [DSA-SS]. For public schools and community colleges, landscape projects as described in Sections 5.304.6.1 and 5.304.6.2 shall comply with the California Department of Water Resoucres Model Water Efficient Landscape Ordinance (MWELO) commencing with Section 490 of Chapter 2.7, Division 2, Title 23, California Code of Regulations, except that the evapotranspiration adjustment factor (ETAF) shall be 0.65 with an additional water allowance for special landscape areas (SLA) of 0.35.
Exception: Any project with an aggregate landscape area of 2,500 square feet or less may comply with the prescriptive measures contained in Appendix D of MWELO.
5.304.6.1 Newly constructed landscapes. [DSA-SS] New construction projects with an aggregate landscape area equal to or greater than 500 square feet.
5.304.6.2 Rehabilitated landscapes. [DSA-SS] Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 1,200 square feet.
5.304.3 IRRIGATION DESIGN. In new nonresidential construction with at least 1,000 but not more than 2,500 square feet of cumulative landscaped area (the level at which the MWELO applies), install irrigation controllers and sensorswhich include the following criteria, and meet manufacturer's recommendations.
5.304.3.1 Irrigation controllers. Automatic irrigation system controllers installed at the time of final inspectionshall comply with the following:
1. Controllers shall be weather- or soil moisture-based controllers that automatically adjust irrigation in response to changes in plants’ needs as weather conditions change.
2. Weather-based controllers without integral rain sensors or communication systems that account for local rainfall shall have a separate wired or wireless rain sensor which connects or communicates with the controller(s). Soil moisture-based controllers are not required to have rain sensor input.
Note: More information regarding irrigation controller function and specifications is available from the Irrigation Association.
AQUA TERGERE
PROCESSING FACILITY
8208 ATLANTIC AVENUE
CUDAHY, CA 90201
© COPYRIGHT 2018
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY: REVIEWED BY:
4/25/2018 2018-19
SHEET TITLE:SHEET NUMBER:DATE: PROJECT NUMBER:
pathangay architects
727 E BETHANY HOME RD - SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
CG-002
CAL GREENSHEET
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
ROLL-UP
DOOR
CMU WALL
ROLL-UP OPENING
DOOR
SCALE: 1/4" = 1'-0"
BUILDING B EAST ELEVATION 2
0' 2' 4' 8' 16'
SCALE: 1/4" = 1'-0"
BUILDING B NORTH ELEVATION 1
0' 2' 4' 8' 16'
SCALE: 1/4" = 1'-0"
BUILDING B WEST ELEVATION 3
0' 2' 4' 8' 16'
SCALE: 1/4" = 1'-0"
BUILDING B SOUTH ELEVATION 4
0' 2' 4' 8' 16'
SHEET TITLE
DATE
SHEET NUMBER
SCALE
PROJECT NAMEPROJECT ADDRESS:
8208 Atlantic Ave. Cudahy, CA
ELEVATION
A3.01
12.04.17 AS NOTED
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
SECURED WASTE
STORED HERE
Administrative Review Record - Aqua Tergere, LLC
System RTU - 1 Input Data
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:13PM
1. General Details:
Air System Name System RTU - 1
Equipment Class Packaged Rooftop Units
Air System Type Single Zone CAV
Number of zones 1
2. System Components:
Ventilation Air Data:
Airflow Control Constant Ventilation Airflow
Ventilation Sizing Method Sum of Space OA Airflows
Unocc. Damper Position Closed
Damper Leak Rate 1 %
Outdoor Air CO2 Level 400 ppm
Central Cooling Data:
Supply Air Temperature 58.0 °F
Coil Bypass Factor 0.100
Cooling Source Air-Cooled DX
Schedule JFMAMJJASOND
Capacity Control Cycled or Staged Compressor - Fan On
Central Heating Data:
Supply Temperature 110.0 °F
Heating Source Electric Resistance
Schedule JFMAMJJASOND
Capacity Control Cycled or Staged Compressor - Fan On
Supply Fan Data:
Fan Type Forward Curved
Configuration Draw-thru
Fan Performance 0.50 in wg
Overall Efficiency 54 %
Duct System Data:
Supply Duct Data:
Duct Heat Gain 3 %
Duct Leakage 3 %
Return Duct or Plenum Data:
Return Air Via Ducted Return
3. Zone Components:
Space Assignments:
Zone 1: Zone 1
Whole Commercial Area x1
Thermostats and Zone Data:
Zone All
Cooling T-stat: Occ. 72.0 °F
Cooling T-stat: Unocc. 85.0 °F
Heating T-stat: Occ. 60.0 °F
Heating T-stat: Unocc. 60.0 °F
T-stat Throttling Range 3.00 °F
Diversity Factor 100 %
Direct Exhaust Airflow 0.0 CFM
Direct Exhaust Fan kW 0.0 kW
Thermostat Schedule Schedule 2
Unoccupied Cooling is Available
Supply Terminals Data:
Zone All
Terminal Type Diffuser
Minimum Airflow 0.00 CFM/person
Zone Heating Units:
Zone All
Zone Heating Unit Type None
Zone Unit Heat Source Electric Resistance
Hourly Analysis Program v.4.2 Page 1 of 2
5-01-2018
Administrative Review Record - Aqua Tergere, LLC
System RTU - 1 Input Data
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:13PM
Zone Heating Unit Schedule JFMAMJJASOND
4. Sizing Data (Computer-Generated):
System Sizing Data:
Cooling Supply Temperature 58.0 °F
Supply Fan Airflow 2567.8 CFM
Ventilation Fan Airflow 320.0 CFM
Heating Supply Temperature 110.0 °F
Hydronic Sizing Specifications:
Chilled Water Delta-T 10.0 °F
Hot Water Delta-T 20.0 °F
Safety Factors:
Cooling Sensible 10 %
Cooling Latent 10 %
Heating 10 %
Zone Sizing Data:
Zone Airflow Sizing Method Sum of space airflow rates
Space Airflow Sizing Method Individual peak space loads Zone Supply Airflow Zone Htg Unit Reheat Coil -
(CFM) (MBH) (MBH) (CFM)
1 2490.8 - -
5. Equipment Data
Central Cooling Unit - Air-Cooled DX
Estimated Maximum Load 48.2 MBH
Design OAT 95.0 °F
Gross Cooling Capacity 1.0 MBH
Compressor & OD Fan Power 1.00 kW
Conventional Cutoff OAT 55.0 °F
Low Temperature Operation Not used
Hourly Analysis Program v.4.2 Page 2 of 2
Administrative Review Record - Aqua Tergere, LLC
Air System Sizing Summary for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
Air System Information
Air System Name System RTU - 1
Equipment Class PKG ROOF
Air System Type SZCAV
Number of zones 1
Floor Area 2550.0 ft²
Location Los Angeles LAX, California
Sizing Calculation Information
Zone and Space Sizing Method:
Zone CFM Sum of space airflow rates
Space CFM Individual peak space loads
Calculation Months Jan to Dec
Sizing Data Calculated
Central Cooling Coil Sizing Data
Total coil load 4.0 Tons
Total coil load 48.2 MBH
Sensible coil load 44.6 MBH
Coil CFM at Jul 1400 2568 CFM
Max block CFM 2568 CFM
Sum of peak zone CFM 2568 CFM
Sensible heat ratio 0.926
ft²/Ton 634.9
BTU/(hr-ft²) 18.9
Water flow @ 10.0 °F rise N/A
Load occurs at Jul 1400
OA DB / WB 90.7 / 69.9 °F
Entering DB / WB 75.9 / 64.8 °F
Leaving DB / WB 59.7 / 58.6 °F
Coil ADP 57.9 °F
Bypass Factor 0.100
Resulting RH 58 %
Design supply temp. 58.0 °F
Zone T-stat Check 1 of 1 OK
Max zone temperature deviation 0.0 °F
Central Heating Coil Sizing Data
Max coil load 8.6 MBH
Coil CFM at Des Htg 2568 CFM
Max coil CFM 2568 CFM
Water flow @ 20.0 °F drop N/A
Load occurs at Des Htg
BTU/(hr-ft²) 3.4
Ent. DB / Lvg DB 57.8 / 60.9 °F
Supply Fan Sizing Data
Actual max CFM 2568 CFM
Standard CFM 2553 CFM
Actual max CFM/ft² 1.01 CFM/ft²
Fan motor BHP 0.37 BHP
Fan motor kW 0.28 kW
Fan static 0.50 in wg
Outdoor Ventilation Air Data
Design airflow CFM 320 CFM
CFM/ft² 0.13 CFM/ft²
CFM/person 32.00 CFM/person
Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
Space Design Load Summary for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
TABLE 1.1.A. COMPONENT LOADS FOR SPACE '' Whole Commercial Area '' IN ZONE '' Zone 1 ''
DESIGN COOLING DESIGN HEATING
COOLING DATA AT Jul 1500 HEATING DATA AT DES HTG
COOLING OA DB / WB 91.0 °F / 70.0 °F HEATING OA DB / WB 43.0 °F / 36.1 °F OCCUPIED T-STAT 72.0 °F OCCUPIED T-STAT 60.0 °F
Sensible Latent Sensible Latent
SPACE LOADS Details (BTU/hr) (BTU/hr) Details (BTU/hr) (BTU/hr) Window & Skylight Solar Loads 0 ft² 0 - 0 ft² - -
Wall Transmission 2158 ft² 3325 - 2158 ft² 1690 -
Roof Transmission 2550 ft² 6167 - 2550 ft² 1363 -
Window Transmission 0 ft² 0 - 0 ft² 0 -
Skylight Transmission 0 ft² 0 - 0 ft² 0 -
Door Loads 42 ft² 974 - 42 ft² 281 -
Floor Transmission 0 ft² 0 - 0 ft² 0 -
Partitions 0 ft² 0 - 0 ft² 0 -
Ceiling 0 ft² 0 - 0 ft² 0 -
Overhead Lighting 3856 W 13155 - 0 0 -
Task Lighting 893 W 3045 - 0 0 -
Electric Equipment 1275 W 4350 - 0 0 -
People 10 2800 2700 0 0 0
Infiltration - 0 0 - 0 0
Miscellaneous - 0 0 - 0 0
Safety Factor 10% / 10% 3382 270 10% 333 0
>> Total Zone Loads - 37198 2970 - 3667 0
TABLE 1.1.B. ENVELOPE LOADS FOR SPACE '' Whole Commercial Area '' IN ZONE '' Zone 1 ''
COOLING COOLING HEATING
Area U-Value Shade TRANS SOLAR TRANS
(ft²) (BTU/(hr-ft²-°F)) Coeff. (BTU/hr) (BTU/hr) (BTU/hr)
N EXPOSURE
WALL 394 0.046 - 434 - 309
DOOR 14 0.300 - 72 - 71
DOOR GLASS 7 0.580 0.880 69 163 69
E EXPOSURE
WALL 685 0.046 - 1327 - 536
S EXPOSURE
WALL 415 0.046 - 612 - 325
W EXPOSURE
WALL 664 0.046 - 952 - 520
DOOR 14 0.300 - 72 - 71
DOOR GLASS 7 0.580 0.880 69 530 69
H EXPOSURE
ROOF 2550 0.031 - 6167 - 1363
Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
Air System Design Load Summary for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
DESIGN COOLING DESIGN HEATING
COOLING DATA AT Jul 1500 HEATING DATA AT DES HTG
COOLING OA DB / WB 91.0 °F / 70.0 °F HEATING OA DB / WB 43.0 °F / 36.1 °F Sensible Latent Sensible Latent
ZONE LOADS Details (BTU/hr) (BTU/hr) Details (BTU/hr) (BTU/hr) Window & Skylight Solar Loads 0 ft² 0 - 0 ft² - -
Wall Transmission 2158 ft² 3325 - 2158 ft² 1690 -
Roof Transmission 2550 ft² 6167 - 2550 ft² 1363 -
Window Transmission 0 ft² 0 - 0 ft² 0 -
Skylight Transmission 0 ft² 0 - 0 ft² 0 -
Door Loads 42 ft² 974 - 42 ft² 281 -
Floor Transmission 0 ft² 0 - 0 ft² 0 -
Partitions 0 ft² 0 - 0 ft² 0 -
Ceiling 0 ft² 0 - 0 ft² 0 -
Overhead Lighting 3856 W 13155 - 0 0 -
Task Lighting 893 W 3045 - 0 0 -
Electric Equipment 1275 W 4350 - 0 0 -
People 10 2800 2700 0 0 0
Infiltration - 0 0 - 0 0
Miscellaneous - 0 0 - 0 0
Safety Factor 10% / 10% 3382 270 10% 333 0
>> Total Zone Loads - 37198 2970 - 3667 0
Zone Conditioning - 35081 2970 - 3614 0
Plenum Wall Load 0% 0 - 0 0 -
Plenum Roof Load 0% 0 - 0 0 -
Plenum Lighting Load 0% 0 - 0 0 -
Return Fan Load 2568 CFM 0 - 2568 CFM 0 -
Ventilation Load 320 CFM 5809 55 320 CFM 5821 0
Supply Fan Load 2568 CFM 952 - 2568 CFM -952 -
Space Fan Coil Fans - 0 - - 0 -
Duct Heat Gain / Loss 3% 1116 - 3% 110 -
>> Total System Loads - 42958 3025 - 8593 0
Central Cooling Coil - 42958 3019 - 0 0
Central Heating Coil - 0 - - 8593 -
>> Total Conditioning - 42958 3019 - 8593 0
Key: Positive values are clg loads Positive values are htg loads Negative values are htg loads Negative values are clg loads Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
Zone Design Load Summary for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
Zone 1 DESIGN COOLING DESIGN HEATING
COOLING DATA AT Jul 1500 HEATING DATA AT DES HTG
COOLING OA DB / WB 91.0 °F / 70.0 °F HEATING OA DB / WB 43.0 °F / 36.1 °F OCCUPIED T-STAT 72.0 °F OCCUPIED T-STAT 60.0 °F
Sensible Latent Sensible Latent
ZONE LOADS Details (BTU/hr) (BTU/hr) Details (BTU/hr) (BTU/hr) Window & Skylight Solar Loads 0 ft² 0 - 0 ft² - -
Wall Transmission 2158 ft² 3325 - 2158 ft² 1690 -
Roof Transmission 2550 ft² 6167 - 2550 ft² 1363 -
Window Transmission 0 ft² 0 - 0 ft² 0 -
Skylight Transmission 0 ft² 0 - 0 ft² 0 -
Door Loads 42 ft² 974 - 42 ft² 281 -
Floor Transmission 0 ft² 0 - 0 ft² 0 -
Partitions 0 ft² 0 - 0 ft² 0 -
Ceiling 0 ft² 0 - 0 ft² 0 -
Overhead Lighting 3856 W 13155 - 0 0 -
Task Lighting 893 W 3045 - 0 0 -
Electric Equipment 1275 W 4350 - 0 0 -
People 10 2800 2700 0 0 0
Infiltration - 0 0 - 0 0
Miscellaneous - 0 0 - 0 0
Safety Factor 10% / 10% 3382 270 10% 333 0
>> Total Zone Loads - 37198 2970 - 3667 0
Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
System Psychrometrics for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
July DESIGN COOLING DAY, 1400
TABLE 1: SYSTEM DATA
Dry-Bulb Specific Sensible Latent
Temp Humidity Airflow CO2 Level Heat Heat
Component Location (°F) (lb/lb) (CFM) (ppm) (BTU/hr) (BTU/hr) Ventilation Air Inlet 90.7 0.01097 320 400 5804 613
Vent - Return Mixing Outlet 75.9 0.01061 2568 800 - -
Central Cooling Coil Outlet 59.7 0.01032 2568 800 44615 3584 Central Heating Coil Outlet 59.7 0.01032 2568 800 0 -
Supply Fan Outlet 60.1 0.01032 2568 800 952 -
Cold Supply Duct Outlet 60.5 0.01032 2491 800 - -
Zone Air - 74.2 0.01057 2491 859 36736 2970
Return Plenum Outlet 74.2 0.01057 2491 859 0 -
Duct Leakage Air Outlet 60.1 0.01032 77 800 - -
Return Duct Outlet 73.8 0.01056 2568 857 - -
Air Density x Heat Capacity x Conversion Factor: At sea level = 1.080; At site altitude = 1.074 BTU/(hr-CFM-F) Air Density x Heat of Vaporization x Conversion Factor: At sea level = 4746.6; At site altitude = 4719.2 BTU/(hr-CFM) Site Altitude = 160.0 ft
TABLE 2: ZONE DATA
Zone Terminal Zone
Sensible Zone Zone Zone CO2 Heating Heating
Load T-stat Cond Temp Airflow Level Coil Unit
Zone Name (BTU/hr) Mode (BTU/hr) (°F) (CFM) (ppm) (BTU/hr) (BTU/hr) Zone 1 37444 Cooling 36736 74.2 2491 859 0 0
Hourly Analysis Program v.4.2 Page 1 of 2
Administrative Review Record - Aqua Tergere, LLC
System Psychrometrics for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
WINTER DESIGN HEATING
TABLE 1: SYSTEM DATA
Dry-Bulb Specific Sensible Latent
Temp Humidity Airflow CO2 Level Heat Heat
Component Location (°F) (lb/lb) (CFM) (ppm) (BTU/hr) (BTU/hr) Ventilation Air Inlet 43.0 0.00292 320 400 -5821 0
Vent - Return Mixing Outlet 57.8 0.00292 2568 462 - -
Central Cooling Coil Outlet 57.8 0.00292 2568 462 0 0
Central Heating Coil Outlet 60.9 0.00292 2568 462 8593 - Supply Fan Outlet 61.3 0.00292 2568 462 952 -
Cold Supply Duct Outlet 61.2 0.00292 2491 462 - -
Zone Air - 59.9 0.00292 2491 471 -3614 0
Return Plenum Outlet 59.9 0.00292 2491 471 0 -
Duct Leakage Air Outlet 61.3 0.00292 77 462 - -
Return Duct Outlet 59.9 0.00292 2568 471 - -
Air Density x Heat Capacity x Conversion Factor: At sea level = 1.080; At site altitude = 1.074 BTU/(hr-CFM-F) Air Density x Heat of Vaporization x Conversion Factor: At sea level = 4746.6; At site altitude = 4719.2 BTU/(hr-CFM) Site Altitude = 160.0 ft
TABLE 2: ZONE DATA
Zone Terminal Zone
Sensible Zone Zone Zone CO2 Heating Heating
Load T-stat Cond Temp Airflow Level Coil Unit
Zone Name (BTU/hr) Mode (BTU/hr) (°F) (CFM) (ppm) (BTU/hr) (BTU/hr) Zone 1 -3667 Heating -3614 59.9 2491 471 0 0
Hourly Analysis Program v.4.2 Page 2 of 2
Administrative Review Record - Aqua Tergere, LLC
Zone Sizing Summary for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
Air System Information
Air System Name System RTU - 1
Equipment Class PKG ROOF
Air System Type SZCAV
Number of zones 1
Floor Area 2550.0 ft²
Location Los Angeles LAX, California
Sizing Calculation Information
Zone and Space Sizing Method:
Zone CFM Sum of space airflow rates
Space CFM Individual peak space loads
Calculation Months Jan to Dec
Sizing Data Calculated
Zone Sizing Data
Maximum Design Minimum Time Maximum Zone
Cooling Air Air of Heating Floor
Sensible Flow Flow Peak Load Area Zone
Zone Name (MBH) (CFM) (CFM) Load (MBH) (ft²) CFM/ft²
Zone 1 37.4 2491 2491 Jul 1400 3.7 2550.0 0.98
Zone Terminal Sizing Data
No Zone Terminal Sizing Data required for this system.
Space Loads and Airflows
Cooling Time Air Heating Floor
Zone Name / Sensible of Flow Load Area Space
Space Name Mult. (MBH) Load (CFM) (MBH) (ft²) CFM/ft²
Zone 1
Whole Commercial Area 1 37.4 Jul 1400 2491 3.7 2550.0 0.98 Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
Ventilation Sizing Summary for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
1. Summary
Ventilation Sizing Method Sum of Space OA Airflows
Design Ventilation Airflow Rate 320 CFM
2. Space Ventilation Analysis Table
Floor Maximum Required Required Required Required Uncorrected Area Maximum Supply Air Outdoor Air Outdoor Air Outdoor Air Outdoor Air Outdoor Air Zone Name / Space Name Mult. (ft²) Occupants (CFM) (CFM/person) (CFM/ft²) (CFM) (% of supply) (CFM) Zone 1
Whole Commercial Area 1 2550.0 10.0 2490.8 0.00 0.00 320.0 0.0 320.0 Totals (incl. Space Multipliers) 2490.8 320.0
Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
Psychrometric Analysis for System RTU - 1
Project Name: Aqua Tergere Facility 05/01/2018
Prepared by: MG Engineering 05:14PM
1. Outdoor Air
2. Mixed Air 3. Central Cooling Coil Outlet 4. Supply Fan Outlet
5. Duct Heat 6. Room Air 7. Return Duct Outlet
1 2 345 6
7 0.000
0.002
0.004
0.006
0.008
0.010
0.012
0.014
0.016
0.018
0.020
30 40 50 60 70 80 90 100
Location: Los Angeles LAX, California
Altitude: 160.0 ft.
Data for: July DESIGN COOLING DAY, 1400
Specific Humidity ( lb/lb )
Temperature ( °F )
Hourly Analysis Program v.4.2 Page 1 of 1
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT FF.
3rd Party Plan Checker Record Log of
Plan Check #PC18-0001
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
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Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT GG.
Email from C. Montanez dated
September 22, 2022
Administrative Review Record - Aqua Tergere, LLC
From: Cheryl Montanez
To: Juan Arauz
Subject: Fwd: Aqua Tergere
Date: Thursday, September 22, 2022 1:05:17 PM
Hello Juan, I've been contacted by Vince with Aqua Tergere. I am reaching out to get a clear understanding of what you need from them. I understand there was construction without a permit. Also that construction doesn't match any plans I've seen.
I'm wondering if they also need to revise thier development agreement? I'm going to advise them against a level 7 based on the current market. I can get them permitted much faster if they go with Distro and a lesser manufacturing license, nothing volatile.
I can get them under contract and get out there for a site survey next week, but will need some time to get a full set of plans to submit to B&S. A quick phone call would be great so I can get them moving in the right direction. Please let me know when you would be available to talk. Or give me a call at he number below. Thanks in advance.
Project info:
The Name of the Entity is: Aqua Tergere, LC
address: 8210 atlantic ave, cudahy
license type: Type 7.
Cheryl Montanez
|MO+RE| Design Solutions
14176 Amargosa Rd Ste C
Victorville, CA 92392
Tel: (760) 715-3382
www.moredesign.us
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT HH.
August 22, 2024, Letter to Operator
titled Agreement Re: Aqua Tergere,
LLC’s Notice of Termination of
Development Agreement No. DA 18-
0011C and Voluntary Surrender of
Commercial Cannabis Permit No. 18-
0011” and Memorandum of
Termination.
Administrative Review Record - Aqua Tergere, LLC
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ATTACHMENT II.
Notice of Review Hearing and
Certified Mailings
Administrative Review Record - Aqua Tergere, LLC
SENT VIA USPS-CERTIFIED MAIL
July 11, 2024
Attn:
Aqua Tergere, LLC
8208 Atlantic Avenue
Cudahy, CA 90201
Charles N. Arden, Managing Member
19940 Turnberry Drive, Tarzana, CA 91356
Mark G. Sanchez
143 Maple Street, Salinas, CA 93901
Carlos Vonrell Clemente
10880 Redwood Avenue, Fontana, CA 92337
Landlord:
Vladimir Calderon
P.O. Box 2637
Downey, CA 90242
Via Email:
Aqua Tergere, LLC
[email protected]
RE: Site: 8210 Atlantic Avenue – Aqua Tergere, LLC
Development Agreement No. DA18-011C
Commercial Cannabis Permit No. CCP18-0011
NOTICE OF REVIEW HEARING
Hearing Date: Monday, August 12, 2024
Time: 9:00 a.m.
Place: 5220 Santa Ana St. Cudahy, CA 90201 – Bedwell Hall, Council Chambers
Dear Aqua Tergere, LLC,
This letter is to inform you that the City Manager of the City of Cudahy (“City”) has appointed Steve Napolitano to act as an independent hearing officer for a Review Hearing on your compliance with the terms of your Development Agreement (“Agreement”) with the City.
Administrative Review Record - Aqua Tergere, LLC
Under Section 19 of the Agreement, the City may conduct Periodic and Special Reviews of the Owner’s “good faith compliance with the terms of the Agreement.” The burden of proof is on the Owner to demonstrate compliance. Please submit any arguments and supporting documents evidencing compliance ten (10) days prior to the Review Hearing. In the event of a finding of noncompliance, the City Council may terminate the Agreement or impose such conditions as are reasonably necessary to protect the interests of the City in accordance with the Agreement and state law. The decision of the City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5.
This letter shall also serve as notice that the findings of this Review Hearing may inform the City Manager’s decision to revoke or suspend Commercial Cannabis Permit No. CCP18-0011 pursuant to Cudahy Municipal Code (“CMC”) Section 5.20.080(6), due to a failure to comply with the requirements of Chapter 5.20 of the CMC, or any condition of approval, or any other agreement or covenant required – inclusive of this Agreement.
The estimated cost for the Review hearing is $12,695.00. The Owner is responsible for the cost of the Review Hearing. You are requested to deliver a cashier's check payable to the City of Cudahy three (3) days prior to the hearing date. The Review Hearing will proceed as scheduled whether or not the deposit is made; however, the City may consider the failure to make the deposit a further default on the Development Agreement. The hearing is set for:
Date: Monday, August 12, 2024.
Time: 9:00 a.m.
Place: 5220 Santa Ana St. Cudahy, CA 90201 – Bedwell Hall – Council Chambers Please contact Cecilia Madrigal-Gonzalez, Senior Planner at 323-773-5143 ext. 252 or [email protected] no later than ten (10) days from the date of this letter to confirm your appearance at the Review Hearing. If we do not hear back from you by this date, we will assume you waive your right to present evidence at the hearing. Please be advised that the City’s Staff Report with exhibits will be available, upon request, for your review ten (10) days prior to the Hearing.
Respectfully,
Cecilia Madrigal-Gonzalez
Senior Planner
cc:
Stephanie A. Arechiga, Esq., City Attorney
Paloma McEvoy, Esq., Assistant City Attorney
Alfonso Noyola, City Manager
Juan Arauz, AICP, Community Development Director
Joshua Calhoun, Finance Director
Raul Diaz, Building Official
Jessica Guillen, Assistant Planner
Vladimir Calderon, Property Owner (via USPS)
Aqua Tergere, LLC (via email)
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT JJ.
Final Invoice dated May 18, 2023
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
ATTACHMENT KK.
Invoices from 2021-2023
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
Administrative Review Record - Aqua Tergere, LLC
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