Fairfax City Council
September 3, 2025

FAIRFAX TOWN COUNCIL MEETING

STAFF REPORT
AGENDA ITEM #1
MEETING DATE September 3, 2025
PREPARED FOR Mayor and Town Council
PREPARED BY Linda Neal, Principal Planner
Jeffrey Beiswenger, Planning & Building Services Director SUBJECT Cannabis Business permit for a cannabis storefront retailer/adult use retail delivery-only business at 1601 Sir Francis Drake Boulevard This item was continued from the August 6, 2025, Town Council meeting where the Council directed staff to speak with Ms. Zelinsky to get more evidence that there are students being tutored at the Tutoring Center location and not just remotely.

As of the writing of this staff report the owner has been unable to provide information that shows that the TLC tutoring Center meets the definition of a “Tutoring Center” in Town Code § 17.110.020.

The Town Council should re-open the public hearing, take any updated information from staff, take public testimony, close the public hearing, deliberate on this item, and then give direction to staff as to what action they would like to take.

FAIRFAX TOWN COUNCIL MEETING

STAFF REPORT
AGENDA ITEM #2
MEETING DATE August 6, 2025
PREPARED FOR Mayor and Town Council
PREPARED BY Linda Neal, Principal Planner
Jeffrey Beiswenger, Planning & Building Services Director SUBJECT Cannabis Business permit for a medical cannabis storefront retailer/adult use retail delivery-only business at 1601 Sir Francis Drake Boulevard

RECOMMENDATION
Open the public hearing, hear the staff report, address questions from Council, take public comment, close the public hearing, and bring the matter back to the Council for discussion and deliberation on the application. Provide direction to staff to bring back a resolution consistent with the desired Council action on the Cannabis Business Permit (“CBP”).

BACKGROUND
In September and October of 2019, after holding 23 meetings on the subject, the Town Council adopted Ordinance numbers 834 and 835 in response to California voters’ legalization of cannabis. Ordinance 834 repealed/amended certain sections of the code (Chapter 17.110 – Medical Marijuana Dispensaries and Chapter 17.138, Medical Marijuana Cultivation) and unified cannabis regulations into one code section 17.110, Cannabis Uses, adopting zoning standards and restrictions for commercial cannabis uses and cannabis cultivation for personal use. Ordinance 835, adopted the month after Ordinance 834, added Town Code section 5.56 to Town Code, Chapter 5, Business Taxes, Licenses, and Regulations.

Section 5.56 further regulates commercial cannabis businesses within Fairfax and restricts the number of permitted cannabis business locations within the Town to two locations.

The Town Council determined the Town could accommodate one more brick and mortar cannabis business location in addition to the existing Marin Alliance for Medicinal Marijuana dispensary already located in Fairfax. During the extensive public hearing process the Council also approved two maps that depicted the areas of Town where locating a medical cannabis retail business/adult use retail delivery only uses would be allowed. The maps show the areas where these business uses could locate to be in compliance with State Law due to the proximity of the sites to schools and youth centers, and to a Fairfax Town Code requirement regarding proximity to a tutoring center (Attachment B). The first map identifies all the commercial locations (unshaded areas) where a Medical Storefront Retailer can locate and be 600 feet from existing schools, youth centers and tutoring centers and the second map identifies those locations where Cannabis Delivery Only Retailers can locate and be 250 feet from existing schools and youth centers. With one exception, these maps are current as of the date of submittal of the applicant’s application.
2 Ordinances 834 and 835 and Resolution No. 19-34 are included with this report as Attachment C along with the maps, but it should be noted that there is no longer a buffer around the TLC Tutoring and Learning Center at 1613 Sir Francis Drake Boulevard.

When the applicant originally met with the Planning Department staff to discuss his potential project, it was not clear if the TLC Tutoring and Learning Center at 1613 Sir Francis Drake Boulevard was still in operation as they have not renewed their business license since 2021. It has been determined that the former “TLC Tutoring Center” no longer meets the definition of a tutoring center according to §

17.110.020 (Definitions) of the Municipal Code:

TUTORING CENTER. A place that provides instruction supplemental to that provided by a school, requires compensation, and offers such instruction to at least ten clients who do not reside on the premises, for at least 37 weeks a year. A TUTORING CENTER may be located in a residence as long as the residence is in a commercial zone.

The former business lacks a business license and no evidence has been submitted that indicates that a minimum of ten clients have been served by the facility for at least 37 weeks a year. It appears the TLC Tutoring Center is either no longer in business or has been closed and not reopened for more than three years.

Staff has made extraordinary efforts to reach out to the former tutoring center for confirmation. On April 30, 2025, staff hung a door notice asking the Center to contact us as soon as possible regarding the tutoring center’s use of the building. Staff did not receive a response. Staff sent a letter to both the tutoring center address and the owner’s listed residence address from the County of Marin Tax Assessor’s records on May 30, 2025, giving them the opportunity to provide clear and objective evidence that they are still in operation such as executed contracts with parents for extended instructional periods.

Staff sent the letter certified mail and received the delivery verification signed by one of the owners on June 9, 2025. To date, staff still has not received any evidence the center is still operating. Staff has not witnessed parents dropping children off for tutoring in front of the center as in the past. Based on this information we have determined that the TLC Tutoring and Learning Center is no longer in business and would certainly fall short of the minimum requirements of ten clients for a 37 week period.

The School Street Plaza’s property owners have advised staff that the Marin Alliance for Medical Marijuana has agreed to vacate their location at School Street Plaza on July 31, 2025. At that point in time, Fairfax will have no approved medical-use cannabis storefront retailer or cannabis deliver-only retailers.

Council Resolution No. 19-34 establishes a process and scoring criteria for weighting minimum qualifying scores and creating application procedures for Cannabis Business Permits (CBPs). The process was created to assist the Council in choosing the best applicant fit for a CBP. During the March 18, 2025, to May 22, 2025, current application submittal window only one application was submitted.

The one application submitted was from Martin Kaufman, to operate a cannabis business as “La Flor,” managed by the applicant, a resident within unincorporated Marin County, just outside of the Fairfax city limits. The applicant proposes providing medicinal retail cannabis for walk-in patients and adult retail 3 cannabis by delivery only at 1901 Sir Francis Drake Boulevard. The application was deemed complete by the Town Manager’s designee after a review, including requests for additional information and proposed clarifications by staff and the required background check of the applicant by the California Department of Justice.

The appellant’s initial submittal materials are included with this report as attachments to the July 17, 2025 Planning Commission meeting where the Planning Commission conducted a public hearing on the proposed use and gave the business plan a 92.6 score based on the Town Council established criteria (also in the attachments to the July 17, 2025, staff report) which can be accessed following the link:

Q:\Current Planning\PLANNING COMMISSION\Packets\2025\7-17-25\1601 SFD\Item 3 - 1601 SFD.pdf

DISCUSSION
The applicant is applying for a business permit to operate a medical-use cannabis store-front retail business in conjunction with an adult use cannabis delivery-only service from an existing vacant 1,200 square-foot commercial space that used to be a pizzeria. The project will include interior remodeling to comply with state of California cannabis business safety regulations and exterior improvements include refreshing exterior painting in the same color palette as the existing building exterior, installation of safety bollards in the parking lot, erection of a two sided-projecting business identification sign that complies with sign ordinance regulations and can be approved by staff with a ministerial sign permit application, restriping of the parking lot and placement of new potted plants along the building façade.

None of the improvements being made to the inside of the building require changes to the structural components of the original building or to the exterior of the structure or to the inground landscaping.

Therefore, the project does not require the approval of a Design Review Permit by the Planning Commission.

There will usually be four employees at any one time but that may fall to two at opening and closing. The business will always have one manager on site, a waiting room receptionist, a cannabis consultant/salesperson who advises and meets with patients and a delivery driver. The delivery driver will only be on-site when preparing to make deliveries. The cannabis consultant/salesperson will process orders in compliance with the State of California required Marijuana Enforcement Tracking Reporting Compliance system (METRIC) which must be used by all licensed cannabis businesses in California. The largest number of employees on the busiest shift will be four. No staff person will ever be opening or closing and leaving the business alone (Section G.5.1, Security Plan, bottom of page 64 in the supplemental information).

The project will include installation of one electric car charger. The preliminary plans show one placed where the delivery vehicle will park.

The Building Official, who is also the Town Certified Accessibility Specialist, has reviewed the parking lot plan and has indicated that with minor modifications the lot can be brought into compliance with current ADA regulations.
4 The parking lot is in front of the commercial building and in full view of the police and people travelling along Sir Francis Drake Boulevard and Kent Boulevard, which enhances the security of the location.

Planning Commission Meeting – July 17, 2025
The Planning Commission discussed the proposal made by Martin Kaufman, Marin Retail Ventures LLC, to open a business, La Flor, at their July 17, 2025, meeting. After taking public comment and discussing the project, the Commissioner’s individually rated the La Flor Proposal and business operations which resulted in a total averaged rating for the business proposal of 92.6. An averaged rating of 92.6 as set forth in Council Resolution No. 19-34, included as part of attachment B, is a number warranting consideration of a Cannabis Business Permit application by the Town Council.

At the July 17, 2025, Planning Commission meeting the Commission adopted Resolution Number 2025- 18 (Attachment A) recommending that the Town Council approve the Cannabis Business Permit for La Flor to open and operate at 1601 Sir Francis Drake Boulevard based on its cannabis business score of

92.6. The Planning Commission meeting may be viewed online at the following link:
https://townoffairfaxca.gov/meetings/planning-commission-july-17-2025/#/tab-video La Flor Requires No Discretionary Permits
The business proposes only refreshing the exterior paint of the business to match the existing tan color on the building façade and to restore the one window trim that the previous tenant painted a red color without the required Design Review Permit. No exterior color changes, landscaping changes, and no structural changes are proposed to the exterior of the existing building, so a Design Review Permit is not required for the proposed use [Town Code sections 17.020.030(A) and (B), Applicability].

The proposed projecting sign displaying the business identification name La Flor requires only a ministerially approved Sign Permit by the Planning Staff in accordance with Town Code sections17.064.020, Projecting Sign (definition), 17.064.040(C), 17.064.050(A)(2) and (D)(3), (E), (F)(2) and (4).

The site has four parking spaces dedicated to adjacent Top Hat Cleaners. Seven spaces are required for the combined Medical-use cannabis storefront retail and Cannabis delivery-only retail with eight provided on the site [Town Code §§ 17.110.040(D)(1)(a) and (b)]. Therefore, the on-site parking complies with the Town Code and does not require discretionary approval of a Parking Variance.

With the Town Traffic Engineer’s approval of the methodology to be used, the applicant’s Traffic Engineering firm, W-Trans, prepared a Transportation Impact Study for a Cannabis Dispensary at 1601 Sir Francis Drake Boulevard (Attachment C).

The analysis shows that the project would be expected to generate 97 fewer daily trips than the previously existing pizzeria (14 fewer during the morning peak traffic hour and 7 fewer during the evening peak hour), the use would not conflict with any policies or planned transportation facilities and would have a less than significant impact on these facilities, would have a less than significant impact on vehicle miles 5 traveled within Fairfax and would potentially benefit emergency response times as it would reduce the number of site generated trips.

The Town Traffic Engineer reviewed the study and agreed with the analysis.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Repurposing an existing commercial building and parking lot to accommodate another use is exempt from the environmental review process in accordance with CEQA categorical exemptions 15301(a) and (h). Projects that involve little or only minor interior or exterior alteration to an existing structure to convert the structure from one use to another and to provide new landscaping have been determined not to have a significant effect on the environment, and have been declared to be categorically exempt from the requirement for preparation of environmental documents (Public Resources Code 21084).

CANNABIS BUSINESS PERMIT SCORE
Council adopted Resolution No. 19-34 setting forth the Commercial Cannabis Business Scoring Criteria and identified three scoring categories including Business Qualifications and Business Plan, Quality of Operating Plan and Public Benefits, to be used in rating a cannabis business application. Each of the categories has a number of detailed items the Council is to use in rating an application. Resolution No. 19-34 and the Scoring Criteria can be viewed in their entirety at the end of Attachment B.

At their July 17, 2024, meeting on La Flor’s proposal, the Planning Commission gave the submitted business plan and information the following collective (averaged) scores:

Scoring Category Possible Max. Score Commission Score
Business Qualifications and
Business Plan
35 points 34.4 points
Quality of Operating Plan 35 points 33.6 points
Public Benefits 30 points 24.6 points
Total 100 points 92.6 points
Resolution 19-34 sets the minimum qualifying score to enable an applicant to apply for the one remaining Cannabis Business Permit at 80 points. The La Flor application submitted by Martin Kaufman, Marin Retail Ventures LLC, met this minimum score and qualifies for the only Cannabis Business Permit application currently accepted as complete for processing for one of the two available Cannabis Business Permits that will be available after the closure of Marin Alliance on July 31, 2025.

In reviewing this application, the Council should keep in mind the following code section (TC sections

5.56.080 and Sections of Resolution 19-34:
6 Resolution 19-34
PHASE 3: Applications achieving a score of 80 points or higher from the Planning Commission will be forwarded, with any accompanying Design Review or Sign Permit application(s), to the Fairfax Town Council. The Town Council will hold a public hearing to review the applications within 2 months of the Planning Commission reaching a decision on application(s) preliminary scores. The Council review the Planning Commission's scoring recommendations, including an additional 10 points.

Scoring Criteria:

The Town Council would hold a second hearing and review the Planning Commission's preliminary scoring. The Town Council would have the opportunity to issue an additional 10 points based on the quality of the applicant's presentation.
• Issuance of a Cannabis Business Permit does not create a land use entitlement. Furthermore, no permittee may begin operations, notwithstanding the issuance of a permit, until all the state and local laws and regulations, including but not limited to, the requirements of this chapter and of the permit, have been complied with and the town verifies such compliance. The issuance of a Cannabis Business Permit does not excuse compliance with any other requirement in the Zoning Ordinance or Building Code. Any additional permits required may be obtained after the business permit is issued but before operation.
• The town reserves the discretion to not grant any applications in the interest of the health, safety, or general welfare of the town.

FISCAL IMPACT
Not applicable.

ATTACHMENTS
A. Resolution No 2025-18, A Resolution of the Fairfax Planning Commission Providing Scoring on the Cannabis Business Application and Recommending that the Town Council approve a Medical Cannabis Storefront Retailer/Adult-Use Retail Delivery-Only Business Proposed to be Located at 1901 Sir Francis Drake Boulevard
B. Ordinance 834 and 835 and Council Resolution 19-34, Scoring Criteria, Cannabis Storefront/Delivery Only location maps
C. Applicant’s supplemental information
D. Public Comments

ATTACHMENT A
RESOLUTION NO. 2025-18
A Resolution of the Fairfax Planning Commission Scoring an Application for a Cannabis Business Permit to Operate a Combination Medical-Use Cannabis Storefront and a Cannabis Delivery-Only Retail Business from 1601 Sir Francis Drake Boulevard
WHEREAS, the Town of Fairfax received an application to convert one half of the structure at 1601 Sir Francis Drake Boulevard into a combination medical retail storefront and adult use delivery cannabis business on May 5, 2025, which was deemed complete on July 3, 2025; and
WHEREAS, the submitted application included a traffic analysis and parking plan as well as elevations showing the proposed business sign, all of when were deemed to comply with the application requirements; and
WHEREAS, a review of the plans by staff including the Town Traffic Engineer determined that the project will not generate over 100 average daily traffic trips (ADT) beyond those that were generated by the previous business using the space, Mauro's Pizzeria, and therefore is not subject to obtaining a Traffic Impact Permit; and WHEREAS, the proposed sign complies with the Town Sign Ordinance business sign regulations and can be approved ministerially by staff in accordance with Town Code §17.064.030(C), Conforming Signs, and 17.064.050(A)(2) and (0)(3), Projecting Signs; and WHEREAS, no structural changes are proposed to the inside or the outside of the building structure, so the project is not subject to obtaining a Design Review Permit [Town Code 17.020.030(A) and (B)]; and
WHEREAS, pursuant to CEQA Guidelines Section the project is exempt per California Code of Regulations, Chapter 3, Article 19, categorical exemption numbers 15301 (a); and
WHEREAS, the Planning Commission held a duly noticed Public Hearing on July 17, 2025, at which time all interested parties were given a full opportunity to be heard and to present evidence; and
WHEREAS, the Commission recommends to the Town Council that the project complies with Fairfax Town Code, Title 17, and the Planning Commission's final cannabis business score for La Flor cannabis application is 92.6.

WHEREAS, pursuant to Fairfax Municipal Code Section 5.56.070 Application Scoring, and consistent with Council Resolution No. 19-34, the Planning Commission finds and approves scoring for a Fairfax Commercial Cannabis Business Permit in connection with La Flor Medical Cannabis Storefront Retail and Adult Use Delivery Only business application as follows:

Business Qualifications and Business Plan
Quality of Operating Plan
Public Benefits
34,4 points

33.6 points

24.6 points
Said application having achieved a recommended cumulative score of 92.6 points.

Accordingly, consistent with subsection 5.56.0?0B.1, the Planning Commission recommends La Flor to the Town Council for approval.

WHEREAS, the Commission has reviewed the project based on the information provided in the applicant's supplemental information containing table of contents section G.1 through G.5 and Appendices A through N, including Business Plan, Operating Plan, Public Benefits, Plans, Security Plan, Financial Documents, Letters of Support, State Permit Application, Blum Oakland Co-Founder Case Study, Compliance Checklist & Daily Activities, Clen & Patient Code of Conduct, Key Personnel Roles and Procedures, Operational Protocols Addendum, Delivery Operations Protocols Addendum, Client Intake and Enrollment Protocols Addendum, Staff Training and Compliance Addendum, Cannabis Wast Disposal Protocols, Traffic Study and Methodology Documentation.

NOW, THEREFORE BE IT RESOLVED, the Planning Commission of the Town of Fairfax hereby finds and determines on the basis of the findings set forth above, the Planning Commission recommends that the Town Council approve the Cannabis Business Permit for La Flor to open and operation at 1601 Sir Francis Drake Boulevard based on its cannabis business score of 92.6.

This foregoing resolution was adopted at a regular meeting of the Planning Commission held in said Town on the 17th of July 2025, by the following vote:

AYES: Jansen, Newton, Petrone, Chair Fetter
NOES: None
ABSTAIN: Swift
ABSENT: Bela, Kelly Attest:
eiswenger, Planning Director
2 ATTACHMENT B
Section
CHAPTER 5.56: CANNABIS BUSINESSES
Article I. Commercial Cannabis Business Permit

5.56.010 Purpose and intent

5.56.020 Definitions

5.56.030 Prohibited commercial cannabis activities

5.56.040 Permit requirements

5.56.050 Reserved

5.56.060 Permit application

5.56.070 Review and action on applications

5.56.080 Minimum criteria for issuance of a permit

5.56.090 Operating requirements

5.56.100 Term of permit and renewal procedure

5.56.110 Permit suspension and revocation

5.56.120 Expiration

5.56.130 Transfer of permits

5.56.140 Appeals

5.56.150 Service of town notices

5.56.160 Enforcement

5.56.170 Application of this article to existing medical cannabis retailers Article II. Reserved
ARTICLE I. COMMERCIAL CANNABIS BUSINESS PERMIT
§ 5.56.010 PURPOSE AND INTENT.

It is the purpose and intent of this chapter to regulate commercial cannabis activities located within the Town of Fairfax in order to promote the health, safety, and general welfare of residents and businesses within the town. Commercial cannabis activities shall comply with all provisions of the Fairfax Municipal Code, state law, and all other applicable local codes and regulations, including all applicable land use and zoning regulations imposed on cannabis activities. (Ord. 835, passed 9-4-2019)
§ 5.56.020 DEFINITIONS.

The definitions for commercial cannabis business uses and activities in this chapter shall be as defined in § 17 .110.020 of the Municipal Code. In addition, for purposes of this chapter, the following words and phrases whenever used in this chapter shall have the meanings defined in this section:

ADULT USE. Cannabis goods intended to be sold for nonmedical use by persons 21 years of age or older in conformance with the MAUCRSA and the provisions of state law regarding cannabis use and sale (Cal. Health and Safety Code §§ 11362.1 et seq.).

APPLICATION PERIOD. The time stated in the notice of availability during which the town will accept applications for commercial cannabis business permits for one or more categories of commercial cannabis activities.

CANNABIS BUSINESS. The actual or intended conduct of commercial cannabis activity, as defined by MAUCRSA, or of one or more commercial cannabis use(s), as defined by this Code.

CANNABIS GOODS. Cannabis, including dried flower, cannabis products, and products containing cannabis.

CHIEF OF POLICE. The Town of Fairfax Chief of Police or the person designated by the Chief of Police.

DAY. Calendar days.

FINANCIAL INTEREST. The same meaning as that term is defined in 16 Cal. Code of Regulations § 5004, as may be amended from time to time.

MANAGER. A person can or does have or share ultimate control over the day-to-day operations of a business.

MAUCRSA. The Medical and Adult-Use Cannabis Regulation and Safety Act (Cal. Business and Professions Code Division 10), as may be amended from time to time.

MEDICAL USE. Cannabis goods intended to be sold for medicinal use by a qualified patient in California who possesses a physician's recommendation pursuant to the Compassionate Use Act of 1996 (Cal. Health and Safety Code § 11362.5), the Medicinal Marijuana Program Act (Cal. Health and Safety Code§§ 11362.7 et seq.) and MAUCRSA, as each may be amended from time to time.

OWNER. The same meaning as that term is defined in 16 Cal. Code of Regulations § 5003, as may be amended from time to time.

PERSON. Any natural person, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

PLANNING DEPARTMENT. The Department of Planning and Building Services of the Town of Fairfax.

POLICE DEPARTMENT. The Police Department of the Town of Fairfax. (Ord. 835, passed 9-4-2019)
§ 5.56.030 PROHIBITED COMMERCIAL CANNABIS ACTIVITIES.
(A) All medicinal and adult-use commercial cannabis uses or other activities requiring a state commercial cannabis license under the MAUCRSA are prohibited, except as expressly allowed by this chapter and Chapter 17 .110.
(B) The foregoing prohibition shall not apply to:
(1) Conduct specified in Cal. Business and Professions Code§§ 26054(c) and (d), 26080(b), or 26090(e).
(2) Cannabis delivery originating from a retailer located outside of the town, which is not prohibited or regulated by this chapter.
(C) Cannabis temporary events, as provided under Cal. Business and Professions Code§ 26200, are prohibited in the Town of Fairfax.
(Ord. 835, passed 9-4-2019)
§ 5.56.040 PERMIT REQUIREMENTS.
(A) Any person seeking to establish or operate a medicinal or adult-use cannabis business from a premises located in the town must first obtain and maintain a commercial cannabis business permit in accordance with this chapter prior to establishing and/or operating. (B) Commercial cannabis business permits may be issued to no more than two cannabis retail locations at any one time in the following activity categories, or in any combination thereof:
(1) Medical-use only storefront retailer; and/or
(2) Delivery-only retailer(s) (non-storefront retailer), which may be medical-use, adult-use or both.

The existing medical marijuana dispensary that has been legally and continually operating as of April 3, 2018 shall be counted as one location. In the event that the existing medical marijuana dispensary ceases to operate in accordance with a legally-issued permit, another a permit may be issued for another operator or location such that at all times, two, but not more than two, retail locations may hold permits to legally operate. One retail location may consist of side-by-side licensed premises as defined in 16 Cal. Code of Regulations § 5025, in order to permit the operation of both a medical use storefront retailer and adult-use delivery-only retailer by a single operator. (C) When the number of commercial cannabis business permit locations falls below the limit set forth above, the Town Manager (or his or her designee) shall post a notice of availability that the town will be accepting applications for commercial cannabis business permit(s). The notice shall include the dates during which applications will be accepted, information regarding application requirements and directions, and the contact information for questions. The notice shall be posted on the town' s website and on the three public places in the Town of Fairfax designated for official postings. (Ord. 835, passed 9-4-2019)
§ 5.56.050 RESERVED.
§ 5.56.060 PERMIT APPLICATION.
(A) All applications for a commercial cannabis business permit shall be filed with the Town Manager or designee, using forms provided by the town, within the application period that is established by the Town Manager, and which period may be extended from time to time. It is the responsibility of the applicant to provide a complete application and all information required for approval of the permit. The application shall be made under penalty of perjury. At a minimum, each _application shall contain:
(1) A complete identification of the applicant including name, address and phone number to which notice of action on the application and correspondence is to be mailed; (2) A description of the statutory entity or business form that will serve as the legal structure for the applicant and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and fictitious business name statement; (3) Names, residence and business addresses of each and every owner. If one or more owners is a statutory entity or other business form, the name of the entity shall be set forth exactly as shown in its formation and organizing documents together with the names, residence and business addresses of each of the owners and other persons with a financial interest in the entity; (4) The names, residence and business addresses of each and every manager; (5) The name, residence and business address of the owner of the property, who shall indicate in writing his, her or its consent to cannabis business being conducted on the property by signing the application in the space provided;
(6) A complete list of every individual who has a financial interest in the commercial cannabis business, who is not an owner, as defined;
(7) A site plan, floor plan, and elevations of the property where the business will operate, and indicate whether any exterior building improvements, including fac;ade improvements or exterior signage is proposed. If exterior building improvements or signage is proposed, then compliance with Chapters 17.020 and 17.064 is required, and the applicant shall submit its application for any design review approval and/or sign permits concurrently with the application for the commercial cannabis business permit;
(8) An operations plan for the business and the name under which it is to be operated; (9) A traffic study for the proposed location, if a traffic impact permit is required under Chapter

17.056. If required, the applicant shall submit its application for the traffic impact permit concurrently with the application for the commercial cannabis business permit; (10) Evidence of compliance with the California Environmental Quality Act (Cal. Public Resources Code §§21000 et seq.);
(11) Whether or not any person referred to in division (A)(1 ), (3), (4 ), (5) or (6) has had a license, permit or use permit for the same or any similar business suspended or revoked anywhere, and, if so, the circumstances of such suspension or revocation;
(12) The proposed hours of operation;
(13) The applicant's certificates of automobile and general commercial liability insurance coverage and evidence of workers' compensation insurance (if required) related to the operation of the commercial cannabis business;
(14) An executed release of liability and indemnity agreement in the form set forth by the town; and
(15) Such other related information or documentation consistent with this Code and state law as the Town Manager may require.

The residential addresses required in divisions (A) (3), (4) and (5), as well as the name(s) of managers listed in division (A)(4), shall be kept private and not made available to the public. (B) An application shall be accompanied by an application review fee, as established by resolution of the Town Council from time to time. This application review fee shall not include fingerprinting, photographing, and background check costs and shall be in addition to any other business license fee or other charge imposed by this Code or other governmental agencies. (Ord. 835, passed 9-4-2019)
§ 5.56.070 REVIEW AND ACTION ON APPLICATIONS.

The processing of new permit applications will include the following phases:
(A) Phase 1 - Prescreening and criminal history.
(1) Upon close of the application period, town staff shall review each complete application for general compliance with the town's Municipal Code, and shall reject any application which does not meet such requirements or is incomplete. Rejected applications shall not be scored. The town shall also disqualify any application that contains any false or misleading information. (2) All exterior building improvements, including fa9ade improvements and proposed signage, shall be reviewed for conformance with the town's zoning and land use standards. If required, the applicant shall apply for any design review approval, traffic impact permit and/or sign permit necessary under Chapters 17 .020, 17 .056 and/or 17 .064 concurrently with the application for the commercial cannabis business permit. The prescreening approval may be conditioned upon the applicant submitting complete application materials for design review, traffic impact and/or sign permits. All applications will be required to comply with environmental review pursuant to the California Environmental Quality Act ("CEQA") (Cal. Public Resources Code§§ 21000 et seq.). (3) Each applicant shall submit to the Chief of Police a recent photograph of the applicant (if an individual), each owner and current or prospective manager. The applicant, owner(s) and manager(s) shall also submit fingerprints pursuant to "Livescan" procedures and pay all costs associated with such submittal. Upon receipt of the Livescan results, the Chief of Police shall review and report if the criminal history of the applicant, owner(s) and manager(s) satisfies the minimum criteria pursuant to§

5.56.080.
(4) The applicant prescreening decisions will be made by the Town Manager within 60 days of the close of the application period or receipt of Livescan results, whichever is later. Only applicants who receive approval of the prescreening review may proceed to the next phase of the selection process. (B) Phase 2 - Application scoring.
(1) Upon approval of the prescreening review, the Town Manager or designee shall refer the application to the Planning Commission for preliminary scoring of the application(s) and recommendation to the Town Council. A public hearing on a commercial cannabis business permit application(s) may be consolidated with any required hearing for design review approval, traffic impact permit and/or sign permits.
(2) The Town Council will issue the final score on the commercial cannabis business permit application, relying only upon the written application itself, any other written town materials generated in connection with the review, and the applicant presentation and representations at the public hearing. The decision of the Town Council will be made at a duly noticed public hearing and may be consolidated with any required hearing for design review approval, traffic impact permit and/or sign permits.
(3) The specific scoring criteria, weighting (points per criteria), minimum qualifying scores and any additional application procedures will be determined by resolution of the Town Council prior to the commencement of the application period and posted publically on the town's website. (4) If the number of applicants who receive minimum qualifying scores at Phase 2 exceeds the maximum number of permits available, then applicants will be selected and issued a commercial cannabis business permit based on highest score.
(5) Qualified applicants that are not selected will be placed on a qualified applicant list. Applicants placed on the qualified applicant list will be notified when future applications are accepted. A qualified applicant will remain eligible for three years.
(C) Issuance of a commercial cannabis business permit does not create a land use entitlement.

Furthermore, no permittee may begin operations, notwithstanding the issuance of a permit, until all of the state and local laws and regulations, including but not limited to the requirements of this chapter and of the permit, have been complied with and the town verifies such compliance. The issuance of a commercial cannabis business permit does not excuse compliance with any other requirement in the Zoning Ordinance or Building Code. Any additional permits required may be obtained after the business permit is issued but before operation.
(D) The town reserves the discretion to not grant any applications in the interest of the health, safety, or general welfare of the town.
(Ord. 835, passed 9-4-2019)
§ 5.56.080 MINIMUM CRITERIA FOR ISSUANCE OF A PERMIT.
(A) The applicant, each owner, and any existing or prospective manager, must be at least 21 years of age.
(B) The applicant, each owner, and any existing or prospective manager, must not have had a similar type of license or permit previously revoked or denied for good cause within the immediately preceding two years prior to the permit application.
(C) Neither the applicant, any owner, nor any proposed or prospective manager, shall have been convicted of:
(1) Any offense relating to possession, manufacture, sales, or distribution of a controlled substance, with the exception of cannabis-related offenses; (2) Any offense involving the use of force or violence upon the person of another; (3) Any offense involving theft, fraud, dishonesty or deceit; (4) Any offense involving sales of cannabis to a minor or use of a minor to distribute cannabis; (5) Any common law felony.

For purposes of this division (C), a conviction includes a plea or verdict of guilty or a conviction following a plea of nolo contendere. The above criteria are in addition to any applicable provisions of state law.
(Ord. 835, passed 9-4-2019)
§ 5.56.090 OPERATING REQUIREMENTS.
(A) State and local licenses. The permittee shall obtain and maintain a state commercial cannabis license for the equivalent state cannabis commercial activity. The permittee shall obtain and maintain all other required state and local licenses, permits, or approvals as required. (B) MAUCRSA compliance. The permittee shall meet all operating requirements of the MAUCRSA, and any regulations promulgated thereunder.
(C) Criminal history. No permittee, its owners, managers, employees, or volunteer workers, shall have been convicted of an offense listed § 5.60.080(C). (D) The permittee shall ensure that its operations conform to the following requirements in addition to the state regulations, which shall include:
( 1 ) Signage and notices.
(a) All signage shall meet the town Zoning Code's sign requirements. (b) A notice shall be clearly and legibly posted in the business premises indicating that smoking, ingesting or consuming cannabis on the premises is prohibited. (c) Signs on the premises shall not obstruct the entrance or windows in any amount. (d) Address identification shall comply with Fire Department illuminated address signs requirements.
(2) Entrances. The primary entrance shall be located and maintained free of barriers, landscaping and similar obstructions so that it is visible from public streets, sidewalks or driveways. (3) Records. A current register of all employees and volunteer workers shall be maintained. (4) Odor control. An odor absorbing ventilation and exhaust system shall be installed so that odor generated inside the business is not detected outside the property lines or lease area boundaries, or anywhere on adjacent property or public rights-of-way, or within any other unit located within the same building as the cannabis business.
(5) Consumption. Cannabis and cannabis products shall not be consumed (whether eaten, smoked, vaporized, applied or other method of ingestion) on the premises of the cannabis business, including parking areas, or in a delivery vehicle.
(6) Operating hours. A permittee may operate between the hours of 9:00 a.m. to 9:00 p.m., up to seven days a week.
(7) Display of permit. Each commercial cannabis business permit shall be prominently displayed at the business premises in a location readily visible to town officials, such as a lobby or entryway, and on any business website or advertisement.
(8) Contact person. A permittee shall provide the town with the name and phone number of an on-site community relations staff person or designee to whom one can provide notice if there are operating concerns. The permittee shall make every good faith effort to encourage neighborhood residents to call this person to try to solve operating concerns before any calls or complaints are made to the town.
(9) State license application. The permittee shall submit to the Planning Department within seven days of submission to the state cannabis licensing authority, a copy of any state commercial cannabis license application, renewal application and/or any business modification request or notification submitted to the state licensing authority (for retail, the Bureau of Cannabis Control) related to the permitted business.
(10) Inspections. The Fairfax Code Enforcement and Police Department shall have the right, without warrant, to inspect the premises for which the permit was obtained on the following conditions:
(a) The scope of the inspection is limited to determining compliance with this chapter; (b) The inspection shall be conducted not more often than once every six months, except in the event of a complaint by a member of the public;
(c) The inspection shall be conducted during regular business hours; and (d) The inspection shall be conducted at a time and in a manner that will minimize business interruption.
(11) State and local law compliance. The permittee shall comply with all state and local laws, rules and regulations, including payment of all applicable fees and taxes and payment of any futureadopted cannabis taxes. (12) Notification of state and local law violations. A permittee shall immediately report to the Chief of Police any of the following:
(a) Arrests of any employees, directors, managers, owners or volunteer workers for an offense other than a misdemeanor traffic offense.
(b) Any disciplinary action taken by a state licensing authority regarding the permittee's state commercial cannabis license and submit a copy of any notice or order. ( c) The occurrence of any event that constitutes a violation of this chapter or state law related to the conduct of the commercial cannabis business.
(13) The permittee shall be responsible for all violations of this chapter and MAUCRSA or its implementing regulations, whether committed by the permittee, its owners, or any employee, volunteer worker, director, manager or other agent of the permittee, for violations that occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder's presence.
(Ord. 835, passed 9-4-2019)
§ 5.56.100 TERM OF PERMIT AND RENEWAL PROCEDURE.
(A) Permits issued under this chapter shall be valid for 24 months from the date of issuance. The permit may be renewed annually.
(8) Permits may be renewed by the Town Manager unless the permit is suspended or revoked in accordance with the provisions of this chapter or if the application for renewal fails to comply with the provisions of this chapter.
(C) Applications for renewal shall be made at least 90 days before the expiration date of the permit and shall be accompanied by the nonrefundable application review fee. Applications for renewal shall be acted upon by the Town Manager and the Town Manager shall notify the permittee within 60 days of his or her decision. Applications for renewal made less than 90 days before the annual expiration date shall not stay the expiration date of the permit.
(D) A permittee shall be responsible for paying an annual permit fee, as established by resolution of the Town Council from time to time. This deposit shall cover the full cost borne by the town to administer the permit program and all responsibilities established in this chapter. (Ord. 835, passed 9-4-2019)
§ 5.56.110 PERMIT SUSPENSION AND REVOCATION.
(A) The Town Manager may suspend or revoke a commercial cannabis business permit if any of the conditions identified in this section exist. On determining that grounds for permit suspension or revocation exist, the Town Manager shall serve the permittee with written notice of the proposed suspension or revocation. The notice shall state the ground or grounds upon which the decision is based, the effective date of the decision, the right of the permittee to appeal the decision to the Town Council, and that the Town Manager's decision will be final if no written appeal is timely submitted to the town in accordance with§ 5.56.140. The notice is effective within 15 days from the date of service of the notice. If an appeal is timely and properly filed, then the effective date of the notice is stayed. (B) A permittee is subject to suspension or revocation of the permit, or subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, volunteer worker, agent, owner, director or manager of a commercial cannabis business:
(1) The permittee has made a false, misleading or fraudulent statement or omission of facts in the application for a permit, or in any report or record required to be filed with the city. (2) The commercial cannabis business has been operated as a nuisance, as defined in Fairfax Municipal Code or as defined in state law.
(3) A violation of any provision of this chapter, or any other provision of the Municipal Code. (4) There has been one or more violations of state law, including but not limited to violations of MAUCRSA or its implementing regulations.
(C) Upon revocation, no new permit may be issued for the applicant or any other business entity in which the applicant is a partner or owner of ten percent or more of the business for a period of five years from the date of revocation.
(Ord. 835, passed 9-4-2019)
§ 5.56.120 EXPIRATION.

A permit shall expire if not in active use for a period of six months at any time after the date of issuance. ACTIVE USE means conducting the commercial cannabis activity authorized by the permit following receipt of a certificate of occupancy, if required. This period may be extended if the permit has applied for a state commercial cannabis license that has been delayed through no fault of the permittee. Expired permits may not be renewed but the permit holder may apply again when a permit vacancy occurs.
(Ord. 835, passed 9-4-2019)
§ 5.56.130 TRANSFER OF PERMITS.

A commercial cannabis business permit issued under this chapter is valid only as to the permittee and approved site, and is therefore nontransferable to other persons or locations. A commercial cannabis business permit is not property and has no value. A commercial cannabis business permit may not be transferred, sold, assigned or bequeathed expressly or by operation by law. Any attempt to directly or indirectly transfer a commercial cannabis business permit shall be deemed to constitute a voluntary surrender of such permit and such permit shall therefore be automatically rendered null and void. Except, however, if the permittee is a partnership, corporation, limited liability company or other entity, and one or more of the owners should die, one or more of the surviving owners may acquire, by purchase or otherwise, the interest of the deceased owner without affecting a surrender or termination of such permit and in each case the permittee shall thereafter be deemed to be the surviving owner(s).

Additionally, a commercial cannabis business permit may be endorsed to add an additional owner, provided such prospective new owner satisfies the requirements for applicants, including but not limited to, a criminal history check and the qualifications listed in§ 5.56.080, as approved by the Town Manager.
(Ord. 835, passed 9-4-2019)
§ 5.56.140 APPEALS.
(A) Within 15 days after the date of service of a decision of the Town Manager to revoke, suspend, deny renewal of a permit, or deny prescreening review, the permittee or applicant may appeal such action by filing a written appeal with the Town Clerk.
(B) The notice of appeal shall be in writing and signed by the person making the appeal, or his or her legal representative, and shall contain the following:
(1) The name, address, telephone number of the appellant. (2) A true and correct copy of the notice of the decision issued by the Town Manager from which the appellant is appealing.
(3) A specific statement of the reasons and grounds for making the appeal in sufficient detail to enable the Town Council to understand the nature of the controversy, the basis of the appeal, and the relief requested, not to exceed five pages.
(4) All documents or other evidence pertinent to the appeal that the appellant requests the Town Council to consider at the hearing.
(C) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the Town Council from time to time.
(D) Failure of the Town Clerk to receive a timely and proper appeal, or the requisite fee, constitutes a waiver of the right to appeal the decision of the Town Manager and a failure to exhaust all administrative remedies. In this event, the Town Manager's decision is final and binding. (E) In the event a notice of appeal is timely filed, the Town Manager's decision is stayed until a final order has been rendered and issued by the Town Council. If a notice of appeal is not timely filed, in the event of a decision of nonrenewal, the permit expires at the conclusion of the term of the permit and in the event of a suspension or revocation, the suspension of revocation is effective upon the expiration of the period for filing a written notice of appeal.
(F) Upon receipt of a timely notice of appeal, the Town Clerk shall set the matter for a hearing before the Town Council. The Town Council shall preside over the hearing on appeal, hear the matter de novo and conduct the hearing pursuant to the procedures set forth by the town. The Town Manager bears the burden of proof to establish the grounds for his or her decision by a preponderance of the evidence. The issuance of the Town Manager's decision constitutes prima facie evidence of grounds for the nonrenewal, suspension, or revocation.
(G) The appeal shall be held within a reasonable time after the filing of the notice of appeal, but in no event later than 90 days from the date of such filing. The town shall notify the appellant in writing of the date, time and location of the hearing at least ten days prior to the date of the hearing. (H) At the hearing the appellant may present witnesses and evidence relevant to the decision appealed. Appeal hearings are informal, and the formal rules of evidence and discovery applicable in a court of law shall not apply to the hearing. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, immaterial and repetitious evidence may be excluded. (I) After the conclusion of the appeal hearing, the Town Council shall determine if any grounds exists for the Town Manager's decision.
(1) If the Town Council determines that no facts exist to support the Town Manager's decision, the Town Manager's notice of decision shall be deemed cancelled. (2) If the Town Council determines that any facts exist to support the Town Manager's notice of decision, the decision shall be upheld.
(3) The Town Council shall issue a written final order. The decision of the Town Council shall be final and shall be served on the appellant. The decision shall contain the following statement: "The decision of the Town Council is final and binding. Judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure§ 1094.6." (Ord. 835, passed 9-4-2019)
§ 5.56.150 SERVICE OF TOWN NOTICES.

Except as otherwise expressly required by a provision of this chapter, any notice required by this chapter may be served by personal delivery to any applicant or permittee, or by first class mail. The date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle. Any notice issued to any applicant or permittee may be sent to the mailing address as listed on the application submitted to the town. Failure of any applicant or permittee to receive a properly addressed notice by mail shall not invalidate any action, decision, determination or proceeding under this chapter.
(Ord. 835, passed 9-4-2019)
§ 5.56.160 ENFORCEMENT.
(A) It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A failure to obtain a commercial cannabis permit required by this chapter shall be punishable in accordance with the Fairfax Municipal Code and state law. (B) All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the town shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.
(C) Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. (D) Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is declared a public nuisance and may be summarily abated by the town. (E) The violation of any provision of this chapter shall be and is declared to be contrary to the public interest and shall, at the discretion of Town Manager, create causes of action, including but not limited to, for injunctive relief.
(F) In addition to the civil and administrative remedies set forth above, any person that violates the provisions of this chapter may be subject to administrative penalties as set forth by the Fairfax Municipal Code, Chapter 1.10.
(Ord. 835, passed 9-4-2019)
§ 5.56.170 APPLICATION OF THIS ARTICLE TO EXISTING MEDICAL CANNABIS RETAILERS.

The Town Council finds that the cannabis medicinal use storefront retailer existing and legally operating in the Town of Fairfax as of December 4, 2024 must relocate by January 1, 2025 due to no fault of the owner/operator. The Council hereby permits this existing retailer to relocate to a storefront located at 1591-1593 Sir Frances Drake Blvd., provided however, that prior to opening for business, the owner/operator:
(A) Submit an application to the Planning Commission and be granted a Conditional Use Permit (CUP) in the Highway Commercial zone for a medicinal use storefront retailer, as the existing CUP at the current location runs with the land and is not transferable to a new location; and (8) Should the owner/operator be granted a CUP for a medicinal use storefront, obtain a permit for a medicinal use storefront retailer and an adult use delivery only retailer permit to be operated at the same location as the medicinal use storefront, pursuant to this chapter, with the exception of the requirement of participating in a competitive process pursuant to§ 5.56.070, and in conformance with Chapter 17 .110 Cannabis Uses as the owner/operator's current permits are not transferable to a new location pursuant to § 5.56.130. Fees for the required permits shall be prorated according to the amount of time remaining on the existing permits.
(Ord. 835, passed 9-4-2019; Am. Ord. 894, passed 1-9-2025) ARTICLE II. RESERVED
Section
CHAPTER 17.110: CANNABIS USES

17.110.010 Purpose

17.110.020 Definitions

17.110.030 Commercial cannabis activities prohibited unless specifically authorized by this chapter

17.110.040 Cannabis retail uses

17.110.050 Adult-use cannabis deliveries by certain existing medical marijuana dispensaries
17 .110.060 Reserved

17.110.070 Reserved

17.110.080 Reserved
17 .110.090 Reserved
17 .110.100 Personal cultivation of cannabis
17 .110.110 Medical cannabis administrative exception
17 .110.120 Enforcement

17.110.130 Liability
§ 17.110.010 PURPOSE.

The purpose of this chapter is to impose zoning restrictions on various commercial cannabis businesses authorized and/or licensed by the State of California and personal cultivation of cannabis activities authorized pursuant to state law. This section is not intended to give any person or entity independent legal authority to operate a cannabis business, it is intended simply to impose zoning restrictions regarding cannabis businesses that may operate in the town and personal cannabis cultivation activities pursuant to this Code and state law. This chapter is in addition to any other business license and regulatory requirements imposed on cannabis businesses by this Code or other applicable state law.
(Ord. 759, passed 6-1-2011; Am. Ord. 834, passed 9-4-2019) § 17.110.020 DEFINITIONS.

For purposes of this chapter, the following definitions apply:

ADULT-USE CANNABIS or ADULT-USE. Cannabis or cannabis products intended to be used for non-medical purposes by persons 21 years of age or older in conformance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Cal. Business and Professions Code Division 10) and the provisions of state law regarding cannabis use and sale (Cal. Health and Safety Code §§ 11362.1 et seq.), as each may be amended from time to time.

CANNABIS. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the separated resin , whether crude or purified, obtained from cannabis. CANNABIS includes "cannabis" as defined in Cal. Business and Professions Code§ 26001 and in § 11018 of the Cal. Health and Safety Code. CANNABIS shall not include industrial hemp as defined by§ 11018.5 of the Cal. Health and Safety Code.

CANNABIS CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. For purposes of commercial cannabis cultivation, the term CANNABIS CULTIVATION also includes processing, rolling , storing, packaging, and labeling of nonmanufactured cannabis products.

CANNABIS DELIVERY. The commercial transfer of cannabis or cannabis products to a customer.

CANNABIS DELIVERY also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.

CANNABIS DISTRIBUTION FACILITY. Any facility engaged in the procurement, temporary storage, non-retail sales, and transport of cannabis and cannabis products between state-licensed cannabis businesses and any other activity allowed under the state distributor license(s), including, but not limited to, quality control and collection of state cannabis taxes.

CANNABIS MANUFACTURING. The compounding, blending, extracting, infusing, or otherwise making, preparing or packaging a cannabis product. CANNABIS MANUFACTURING includes the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.

CANNABIS MICROBUSINESS. A commercial cannabis business that must engage in at least three of the following commercial cannabis activities: cultivation, manufacturing using nonvolatile solvents, distribution, and/or retail.

CANNABIS PRODUCTS. Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. CANNABIS PRODUCTS include "cannabis products" as defined in Cal. Business and Professions Code§ 26001 .

CANNABIS RETAILER. A facility or premises where cannabis or cannabis products are offered, either individually or in any combination, for retail sale or other sales or transfer to consumers, including an establishment that delivers cannabis and cannabis products as part of a retail sale. For purposes of this chapter, CANNABIS RETAILER also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, pursuant to the Compassionate Use Act (Cal. Health and Safety Code § 11362.5) and/or the Medical Marijuana Program (Cal. Health and Safety Code§§ 11362.7 et seq.), as may be amended. Unless otherwise specified, CANNABIS RETAILER means both a retailer selling medicinal cannabis and medicinal cannabis products to patients with valid physicians' recommendations, and a retailer selling adult-use cannabis and cannabis products for adults 21 years of age and older. The term CANNABIS RETAILER includes both storefront retailers and delivery-only retailers unless otherwise specified.

CANNABIS TESTING LABORATORY. A laboratory, facility, entity, or site that offers or performs tests or testing of cannabis or cannabis products.

COMMERCIAL CANNABIS USE. Includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis retailers, cannabis delivery, and sale of cannabis and/or cannabis products, whether intended for medical or adult-use, and whether or not such activities are carried out for profit. COMMERCIAL CANNABIS USES includes "commercial cannabis activity" as defined in Cal. Business and Professions Code §26001, and includes any activity that requires, or may require in the future, a license from a state licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Cal. Business and Professions Code Division 10), as may be amended. COMMERCIAL CANNABIS USE does not include the activities of a qualified patient or a primary caregiver that are exempt from state licensure pursuant to Cal.

Business and Professions Code § 26033.

DAY CARE CENTER. Any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers, as defined §§ 1596.76 and 1596.750 of the Cal. Health and Safety Code.

DELIVERY-ONLY RETAILER. A cannabis retailer that conducts cannabis sales exclusively through cannabis delivery from a fixed, physical location that is closed to the public. Also known as a NONSTOREFRONT RETAILER.

FULLY ENCLOSED AND SECURE STRUCTURE. A space within a dwelling unit that complies with the California Building Code, as adopted in the town ("CBC"); or, if exempt from the permit requirements of the CBC, an accessory structure, on a lot containing a dwelling unit, having a complete roof and enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. In order to qualify as a FULLY ENCLOSED AND SECURE STRUCTURE, the walls and roofs must be constructed of solid materials that cannot be easily broken through, such as two-inch by four-inch or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products, are not considered solid materials.

INDOOR. Within a fully enclosed and secure structure.

MEDICINAL CANNABIS or MEDICAL USE. Cannabis or cannabis products intended to be used for medical purposes in accordance with the Compassionate Use Act of 1996 (Cal. Health and Safety Code§ 11362.5) and the Medicinal Marijuana Program Act (Cal. Health and Safety Code§§ 11362.7 et seq.), as each may be amended from time to time.

OUTDOOR. Any location not within a fully enclosed and secure structure, such as a location exposed to the open air or within a greenhouse.

PERSONAL CULTIVATION. Cultivation of cannabis for a natural person's own personal use and possession in accordance with this Code and state law, including but not limited to Cal. Health and Safety Code §§ 11362.1 and 11362.2, as may be amended, and such person does not sell or distribute cannabis to any other person. PERSONAL USE also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for his or her personal medical use, and cultivation conducted by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, in accordance with state law, including Cal. Health and Safety Code§§ 11362.7 and 11362.765, as may be amended. Except as herein defined, PERSONAL CULTIVATION does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis, or by a cannabis cooperative association or any of its members.

PRIMARY CAREGIVER. The same meaning as the term "primary caregiver" defined in Cal. Health and Safety Code§ 11362.7, as may be amended from time to time.

PRIVATE RESIDENCE. House, an apartment unit, accessory dwelling unit, a mobile home, or other similar dwelling occupied for residential purposes, or as defined in Cal. Health and Safety Code § 11362.2, as may be amended from time to time.

QUALIFIED PATIENT. Means and includes both a "qualified patient" and a "person with an identification card" as each term is defined in Cal. Health and Safety Code§ 11362.7, as amended from time to time.

SCHOOL. A place of instruction at the primary, secondary or high school level for at least four grades within a range from transitional kindergarten or kindergarten through 12 (whether public, private, or charter), but does not include any place where instruction is conducted primarily in a private home.

STATE COMMERCIAL CANNABIS LICENSE. A state license issued under the Medicinal and Adult Use Cannabis Regulation and Safety Act (Cal. Business and Professions Code Division 10), as may be amended, and includes both an A-license and an M-license, as well as a testing laboratory license.

STOREFRONT RETAILER. A cannabis retailer that conducts cannabis sales at a business premises that is open to the public, and may also conduct cannabis delivery as part of a retail sale.

SELL, SALE, and TO SELL. Include any transaction, whereby, for any consideration title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from who the cannabis or cannabis product was purchased.

TUTORING CENTER. A place that provides instruction supplemental to that provided by a school, requires compensation, and offers such instruction to at least ten clients who do not reside on the premises, for at least 37 weeks a year. A TUTORING CENTER may be located in a residence as long as the residence is in a commercial zone.

YOUTH CENTER. Any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where ten or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children, or a location which is primarily utilized as an administrative office for youth programs or organizations. (Ord. 759, passed 6-1-2011; Am. Ord. 834, passed 9-4-2019) § 17.110.030 COMMERCIAL CANNABIS ACTIVITIES PROHIBITED UNLESS SPECIFICALLY AUTHORIZED BY THIS CHAPTER.
(A) All commercial cannabis uses as defined herein (other than as provided under Cal. Business and Professions Code§§ 26054(c) and (d), 26080(b), and 26090(e)) are prohibited from establishing or operating in all zoning districts within the Town of Fairfax except and unless expressly permitted by and in conformance with the provisions of this chapter and/or Chapter 5.56. (B) All commercial cannabis uses permitted by this chapter must, prior to establishing and operating any such commercial cannabis use, obtain and maintain at all times (1) a valid state commercial cannabis license, (2) a commercial cannabis business permit pursuant to Title V, Chapter

5.56 of this Code and (3) any other local or regulatory licenses or permits required by this Code or state law.
(Ord. 759, passed 6-1-2011 ; Am. Ord. 834, passed 9-4-2019) § 17.110.040 CANNABIS RETAIL USES.
(A) Cannabis retailers may be permitted subject to the approval of a commercial cannabis business permit pursuant to Chapter 5.56 of this Code, and provided there shall be no more than two cannabis retailer locations at any one time in the following use categories, or in any combination thereof:
(1) Medical-use cannabis storefront retailer(s); and/or (2) Delivery-only retailer(s), which may be medical-use, adult-use or both.

This limit shall include any medical marijuana dispensary that was legally operating as of April 3, 2018, and continues to operate, and which may be permitted to conduct adult-use cannabis deliveries pursuant to § 17 .110.050 ("Adult-Use Cannabis Deliveries By Certain Existing Medical Marijuana Dispensaries"), below. In the event that the existing medical marijuana dispensary ceases to operate in accordance with a legally-issued permit, another a permit may be issued for another operator or location such that at all times, two, but not more than two, retail locations may hold permits to legally operate. One retail location may consist of side-by-side licensed premises as defined in 16 Cal. Code of Regulations § 5025, in order to permit the licensing and operation of both a medical use storefront retailer and adult-use delivery only retailer by a single operator. (B) Cannabis retailers may be permitted in the following zones:
(1) Medical-use cannabis storefront retailers: Highway Commercial (CH) and Central Commercial (CC).
(2) Cannabis delivery-only retailers: Highway Commercial (CH), Central Commercial (CC) and Limited Commercial (CL).
(C) Cannabis retailers shall not be allowed within the specified distances to the following uses that are in existence at the time the cannabis use is established. Specifically, a cannabis retailer shall not locate or establish:
(1) Medical-use cannabis storefront retailers: Within a 600-foot radius of a school, or youth center. (See Cal. Business and Professions Code§ 26054.) Within a 300-foot radius of a daycare center or tutoring center.
(2) Cannabis delivery-only retailers: Within a 250-foot radius of a school or youth center.

Pursuant to Cal. Business and Professions Code§ 26054(b), as may be amended, the town finds that no setback or radius is necessary for cannabis delivery-only retailers near day care centers or other potentially sensitive uses, beyond the radii contained herein.

The distances specified in this section shall be the horizontal distance measured in a straight line from the property line of the specified use to the closest property line of the lot on which retailer is to be located without regard to intervening structures. (See Cal. Business and Professions Code § 26054(b); Cal. Health and Safety Code§ 11362.768(c).)
(D) Cannabis retailers shall meet all standards for development in the underlying zoning district, in the town's General Plan, and in any applicable specific plans or master plans, and in addition:
(1) Parking shall be provided in accordance with the following:
(a) Medical-use cannabis storefront retailers: Town Code§ 17.052.030(F) for retail and personal service stores at a rate of three spaces for the first 500 square of gross floor area and one space for each additional 500 square feet thereafter, plus one space per delivery vehicle unless an employee vehicle is used to conduct deliveries.
(b) Cannabis delivery-only retailers: Town Code § 17 .052.030(K) for industrial uses, including wholesale and storage: one space per two employees of the maximum shift, plus one space per delivery vehicle unless an employee vehicle is used to conduct deliveries. (2) Size of facility. The size of the facility shall not exceed 1,500 square feet exclusive of restroom facilities and common areas.
(3) If an application for a proposed cannabis retailer requires compliance with Chapter 17 .020 ("Design Review Regulations"), then notwithstanding any provision of Chapter 17 .020 to the contrary, the Planning Commission shall provide a recommendation on such design review application and final approval authority shall vested in the Town Council. The Town Council's review and decision shall in all respects comply with the criteria set forth in Chapter 17 .020. (4) If an application for a proposed cannabis retailer requires a traffic impact permit pursuant to Chapter 17 .056 ("Traffic Impact Permit"), then notwithstanding any provision of Chapter 17 .056 to the contrary, the Town Council. shall not be required to approve the methodology used in the traffic study pursuant to § 17 .056.070.
(5) If an application for a proposed cannabis retailer requires a sign permit pursuant to Chapter

17.064 ("Signs"), then notwithstanding any provision of Chapter 17.064 to the contrary, the Planning Commission shall make a recommendation on such sign permit, and final approval authority shall vested in the Town Council. The Town Council's review and decision shall in all respects comply with the criteria set forth in Chapter 17.064, except signage shall be limited to a single window or wall sign and in no circumstances shall any signage for a cannabis retailer exceed six square feet in area. (Ord. 759, passed 6-1-2011; Am. Ord. 834, passed 9-4-2019) § 17.110.050 ADULT-USE CANNABIS DELIVERIES BY CERTAIN EXISTING MEDICAL MARIJUANA DISPENSARIES.
(A) A medical marijuana dispensary that was legally operating as of April 3, 2018 and is permitted by the town to operate a medical marijuana delivery service, may operate as a permitted use in any commercial district, an adult-use cannabis delivery-only service from its then existing premises, subject to each of the following conditions:
(1) The dispensary shall, prior to conducting any adult-use cannabis deliveries, obtain and maintain at all times:
(a) A valid state cannabis license authorizing adult-use cannabis deliveries issued by the appropriate state licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Cal. Business and Professions Code Division 1 O); (b) A commercial cannabis business permit pursuant to Title 5, Division 11, Chapter 5.56 of this Code;and
(c) Any other state and local licenses or permits required by this Code or state law. (2) All cannabis deliveries must conform to state laws and regulations adopted pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act except as set forth herein regarding the state buffer zone.
(3) No adult-use customers shall be permitted to access or remain in the business premises of a medical marijuana dispensary.
(4) No adult-use cannabis retail sales shall be permitted to occur at the premises of a medical marijuana dispensary.
(B) Pursuant to Cal. Business and Professions Code§ 26054(b), as may be amended, the town finds that no setback or radius is necessary for the conduct of adult-use cannabis deliveries by an eligible, existing medical marijuana dispensary pursuant to this section, beyond the zoning regulations contained herein.
(C) This section is not intended to give any person or entity independent legal authority to operate an adult-use cannabis non-storefront retail delivery service, it is intended only to clarify the zoning restrictions regarding certain existing medical marijuana dispensaries that may conduct adult-use cannabis deliveries in the town pursuant to this Code and state law. This section is in addition to any other business license and regulatory requirements imposed on medical marijuana dispensaries and non-storefront retail cannabis delivery services by this Code or other applicable state law. (Ord. 834, passed 9-4-2019)
§ 17.110.060 RESERVED.
§ 17.110.070 RESERVED.
§ 17.110.080 RESERVED.
§ 17.110.090 RESERVED.
§ 17.110.100 PERSONAL CULTIVATION OF CANNABIS.

Personal cultivation of cannabis shall comply with the following:
(A) No more than six cannabis plants per private residence are allowed to be cultivated, whether indoors or outdoors upon the grounds of a private residence, regardless of the number of individuals residing at the residence. However, outdoor cultivation shall not exceed six plants per lot, regardless of the number of private residences located upon the lot. (8) Outdoor cultivation. Outdoor personal cultivation of cannabis shall comply with the following standards:
(1) Outdoor cannabis plants shall be located a minimum of five feet from property lines. (2) Outdoor cannabis plants shall be located only in the rear and side yards of a lot, and are not permitted to be located in front yards of any lot.
(3) No cannabis plants cultivated shall be visible from a public right-of-way or any other public place by normal unaided vision.
(4) No cannabis plants cultivated shall exceed seven feet in height. (5) The area used for cannabis cultivation shall be contained within a locked space (e.g., enclosed within a locked gate).
(6) Any lot upon which cannabis plants are cultivated shall have fencing of no more than six feet in height surrounding the lot or that portion of the lot upon which the plants are cultivated. In no event shall netting or plastic screening be used in conjunction with cannabis cultivation. (7) Outdoor cultivation is prohibited on parcels within 200 feet of any school or day care center. (C) Indoor cultivation. Indoor personal cultivation of cannabis shall comply with the following standards:
(1) Plants shall be contained within a locked space of a fully enclosed and secure structure, as defined, either within the primary residence or within an accessory structure on the same lot as the primary residence.
(2) Indoor grow lights shall not exceed 1,200 watts and comply with the California Building, Electrical, Plumbing and Fire Codes as adopted by the town. Gas products (CO2, butane, propane, natural gas, kerosene, etc.) or generators may not be used indoors or outdoors. (3) All electrical equipment used in the cultivation or processing of cannabis (e.g., lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired; the use of extension cords to supply power to electrical equipment used in the cultivation or processing of cannabis is prohibited.
(4) All cannabis cultivation areas shall be in compliance with the current, adopted edition of the California Building Code as regards mechanical ventilation. (5) Shall not be conducted in a manner that results in the creation of mold or mildew inside the residence or the accessory structure.
(D) General. All personal cultivation of cannabis, whether indoors or outdoors, shall comply with the following generally applicable standards:
(1) A copy of documentation of qualified patient status must be maintained at any location at which medical cannabis cultivation occurs. If cultivation is to be conducted by a primary caregiver, documentation of the legally-required relationship shall be maintained at the location where medical cannabis cultivation occurs.
(2) The residence shall maintain fully functional and usable kitchen, bathrooms, and bedrooms for their intended use, and the premises shall not be used primarily or exclusively for cannabis cultivation.
(3) No cannabis cultivation area shall be maintained or operated in such a way as to adversely affect the health or safety of the nearby residents in any manner, including but not limited to by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes. A public nuisance may be deemed to exist, if such cultivation activity produces: (a) odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public, (b) repeated responses to the residence from law enforcement officers, (c) repeated disruption to the free passage of persons or vehicles in the neighborhood, (d) excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public, or ( e) any other impacts on the neighborhood which are disruptive of normal activity in the area. (4) Any cannabis cultivation that would require a license or permit from the State of California per the Medical and Adult-Use Regulation and Safety Act (Cal. Business and Professions Code Division 10) is prohibited within the Town of Fairfax.
(Ord. 834, passed 9-4-2019)
§ 17.110.110 MEDICAL CANNABIS ADMINISTRATIVE EXCEPTION. (A) Any qualified patient or primary caregiver may seek a medical cannabis administrative exception to§ 17.110.100(A) or (8)(7).
(B) Any request for a medical cannabis administrative exception shall be submitted to the Town Manager, along with documentation, such as a physician's recommendation or verification of more than one qualified patient living in the residence, demonstrating why the standard required by §

17.110.1 00(A) or (8)(7) is not feasible.
(C) The Town Manager may grant a medical cannabis administrative exception only if the following findings can be made:
(1) The individual requesting the exception can demonstrate a medical need for the exception, as evidenced by the written recommendation of a treating physician; (2) The requested exception shall not constitute a public nuisance, as set forth in §

17.110.100(0).
(3) For indoor cultivation, the Building Official may require additional specific standards to meet the California Building Code and Fire Code, including but not limited to installation of fire suppression sprinklers, code-compliant electrical systems or one-hour firewall assembly. (4) The cultivation of no more than ten cannabis plants shall be authorized through a medical cannabis administrative exception.
(D) The Town Manager, or his or her designee, shall prepare a written approval or denial of any request for an exception within ten business days of its submission to the town. Approval of the requested exception may be made subject to conditions designed to lessen the impact of the exception on neighboring uses and the community generally. (E) Any exception granted under this section shall be personal to the party to whom such exception was granted and shall not run with the land or otherwise be transferable. (F) Notwithstanding any other provision of the Town Code, any person aggrieved by the decision of the Town Manager, or his or her designee, with respect to an exception requested under this § 17 .110.110 may appeal said decision within ten days of the date of the decision to the Planning Commission. Upon review, the Planning Commission shall issue the requested exception if it meets the requirements of division (C) above, and subject to any conditions imposed per division (D) above. (Ord. 759, passed 6-1-2011; Am. Ord. 834, passed 9-4-2019) § 17.110.120 ENFORCEMENT.
(A) Public nuisance. The violation of this chapter is hereby declared to be a public nuisance and may be enforced pursuant to the provisions of Chapter 1.12 of the Fairfax Town Code. (B) Seizure and destruction of cannabis. To the extent authorized by state law, all cannabis seized by the Town Police in the enforcement of this chapter shall be seized, retained and destroyed in the same manner and subject to the same procedures as are provided in Cal. Health and Safety Code §§ 114 72 through 114 79, for cannabis possessed in violation of Division 10 of the Cal. Health and Safety Code.
(C) Right of entry. The Code Enforcement Officer, Building Official, Planning Director, Chief of Police, Fire Inspector, or a designee is authorized to enter upon and inspect private properties to ensure compliance with the provisions of this chapter. Reasonable advance notice of any such entry and inspection shall be provided and, before entry, consent shall be obtained in writing from the owner or other person in lawful possession of the property. If consent cannot for any reason be obtained, an inspection warrant shall be obtained from a court of law prior to any such entry and inspection. In those cases where consent is denied, the town may seek to recover the costs it incurs in obtaining a warrant from the property owner and/or person in lawful possession of the property. (D) Abatement. The Town Attorney, in the name of and on behalf of the town and/or the people of the town, may bring a civil action in a court of competent jurisdiction to enforce any provision of this chapter, or to restrain or abate any violation of the provisions of this chapter as a public nuisance. (E) Penalties not exclusive. The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any others and none of these penalties and remedies prevent the town from using any other remedy at law or in equity which may be available to enforce this chapter or to abate a public nuisance. (Ord. 759, passed 6-1-2011; Am. Ord. 834, passed 9-4-2019) § 17.110.130 LIABILITY.

The provisions of this chapter shall not be construed to protect the property owner(s) of record, or their lessees, tenants or other participants engaged in the personal cultivation of cannabis or commercial cannabis uses from prosecution pursuant to any state or federal laws regulating or prohibiting such activities. The property owner(s) of record, or their lessees, tenants and other participants, assumes any and all risk and all liability that may arise or result under state and federal laws from the cultivation of cannabis or commercial cannabis activities conducted on such property. (Ord. 834, passed 9-4-2019)
RESOLUTION 19-34

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX

APPROVING THE SCORING CRITERIA, WEIGHTING (POINTS PER CRITERIA),

MINIMUM QUALIFYING SCORES, AND APPLICATION PROCEDURES FOR

COMMERCIAL CANNABIS BUSINESS PERMITS IN FAIRFAX
WHEREAS, on June 27, 2017, the State of California approved Senate Bill 94, consolidated the State licensing schemes applicable to both medical and adult-use commercial cannabis activity under a single regulatory framework titled the "Medicinal and Adult-Use Cannabis Regulation and Safety Act" ("MAUCRSA"); and
WHEREAS, the MA UCRSA recognizes, preserves and does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances that regulate state licensed cannabis businesses, including, but not limited to, local zoning and land use requirements, business license requirements; and WHEREAS, on the September 4, 2019 the Town Council meeting of the Town of Fairfax adopted by ordinance regulations in Town Code Chapter 5.56 "Commercial Cannabis Business Permits", and Chapter 17.110 "Cannabis Uses" governing all commercial cannabis businesses in the Town; and WHEREAS, Section 5.56.070 B. 3. Chapter 5.56 directs the Town Council to adopt by resolution the scoring criteria, weighting (points per criteria), minimum qualifying scores, and any additional application procedures prior to the commencement of the application period and posted publicly on the Town's website; and WHEREAS, on August 7, 2019 the Town Council approved by minute action the scoring criteria, weighting (points per criteria), and minimum qualifying scores for commercial cannabis business permit applications.

NOW, THEREFORE,the Town Council of the Town of Fairfax does resolve as follows:

Section 1. The commercial cannabis business permit application period shall commence on November 1, 2019 and close on January 6, 2020. Applications may be submitted Monday through Thursday to the Planning and Building Services Department at Town Hall during normal business hours from 9:00am to noon and I :00pm to 4:00pm.

Section 2. Approves Exhibit A- "Commercial Cannabis Business Scoring Criteria" and Exhibit B - "Commercial Cannabis Business Permit Procedures" attached to this Resolution.

Section 3. The Town Manager is authorized to make minor modifications to Exhibit A- "Commercial Cannabis Business Scoring Criteria" and Exhibit B - "Commercial Cannabis Business Permit Procedures" of this resolution for clarification purposes.

The foregoing Resolution was approved at a regular meeting of the Town Council on the 2nd day of October 2019, by the following vote, to wit:

AYES: ACKERMAN, COLER, GODDARD, LACQUES, REED
NOES:

ABSENT:

ABSTAIN:

None
Non~
None
Attest.~'--#~;;,~ -,!i / / ------' -- -2.- . __, Hannah Politzer, Deputy Town Clerk Barbara Coler, Mayor
IV- 5-1'7
Date

SCORING CRITERIA

FAIRFAX COMMERCIAL CANNABIS BUSINESS PERMITS
Review Criteria Rating System
i. 35 points: Business qualifications and business plan as demonstrated by:
• Industry experience
• Financial capacity to start up and sustain business operations • Business design/layout: secure, attractive, unobtrusive design • Innovative or boutique business models consistent with the Fairfax community • Additional information that demonstrates the ability to operate in a manner consistent with the values of the Town, including, without limitation, local residency of principals (3+ years), connection to Fairfax, ability to serve Fairfax, familiarity with the Town
ii. 35 points: Quality of operating plan as demonstrated by:
•
•
•
•
•
•
Demonstrated understanding of all State requirements, including but not limited to security, financial, other recordkeeping
Inventory controls and sales procedures to prevent diversion to illegal market and access by minors
Employee training above State requirements
Parking, circulation, and traffic plan, including truck and delivery parking if applicable, to ensure safe access and minimize traffic congestion Complaint response program
Additional operational procedures demonstrating safety, commitment to community welfare and community responsiveness
iii. 30 points: Public benefits, including, but not limited to the following:
• All employees paid living wage and benefits
• Social equity: One or more principals who earn at or below median household income; women or minority owned business; small business • Offer medical cannabis:
o Patient services, such as physician or caregiver networking o Experience serving patients
• Reduced-cost products to low-income medical patients
• Locally-sourced, organic/pesticide-free products
• Green business rating: Is certified or qualifies for certification • Participation and support of local youth-serving prevention and education programs, and/or adult addiction programs
Minimum qualifying score= 80 points
Scoring:
(a) The Planning Commission will review each application at a public hearing based on the written materials and an applicant presentation.
(b) Planning Commissioners decide scores based on the scoring criteria above. All Planning Commissioners' scores shall be totaled and averaged for each application for a preliminary score. This preliminary score would be referred to the Town Council.

EXHIBIT A

SCORING CRITERIA

FAIRFAX COMMERCIAL CANNABIS BUSINESS PERMITS
(c) The Town Council would hold a second hearing and review the Planning Commission's preliminary scoring. The Town Council would have the opportunity to issue an additional 10 points based on the quality of the applicant's presentation.

TOWN OF FAIRFAX
142 Bolinas Road, Fairfax, California 94930
( 4 l 5) 4 5 3 - l 5 8 4 / Fax ( 4 l 5) 4 5 3 - l 6 l 8

COMMERCIAL CANNABIS BUSINESS PERMIT PROCEDURES
PHASE 1: The commercial cannabis business permit application period shall commence on November 1, 2020 and close on January 6, 2020. During the application period, a Commercial Cannabis Business Licensing Permit Application and fee must be submitted to the Planning Department, and a Live Scan application form and fee must be filed with the Police Department. If the proposal includes exterior changes to the commercial building in which the business is proposed to be located, a Design Review application and fees shall also be submitted. If proposed signage involves an exception to the sign ordinance regulations, a Sign Permit applications and fees shall also be submitted.

Applications may be submitted Monday through Thursday to the Planning and Building Services Department at Town Hall during normal business hours from 9:00am to noon and 1 :00pm to 4:00pm. Please note Town Hall will be closed for holidays and Town furlough.

A written determination will be made on the completion status of each Phase 1 application by February 5, 2020. If an application is deemed to be incomplete, the determination will list the requirements to complete the application. Each cannabis business applicant will then have until February 20, 2020 to provide the needed information to complete the application. Applications not completed within the 2-week period will be disqualified from further processing.

A final decision regarding applicants being accepted for further processing will be made by the Town Manager by March 26, 2020, or after receipt of Live-scan results, whichever is later.

PHASE 2: Application Review Period. Within 2 months of the completion of the Phase 1 process, applications that have been accepted for further processing will be reviewed by the Fairfax Planning Commission. The applications shall be scored against the scoring criteria adopted by the Town (attached).

PHASE 3: Applications achieving a score of 80 points or higher from the Planning Commission will be forwarded, with any accompanying Design Review or Sign Permit application(s), to the Fairfax Town Council. The Town Council will hold a public hearing to review the applications within 2 months of the Planning Commission reaching a decision on application(s) preliminary scores. The Council review the Planning Commission's scoring recommendations and make final scoring decisions, including an additional 10 points.

EXHIBIT B
Based on the available number of cannabis business permits, the application(s) that are awarded the highest score(s) will be issued Cannabis Business Permit and be licensed to operate a commercial cannabis business.

Qualified applicants who are not selected will be placed on a qualified applicant list and will be notified when future applications are accepted. A qualified applicant will remain eligible for 3 years.

Issuance of a Cannabis Business Permit does not create a land use entitlement.

No business issued a Cannabis Business Permit may begin operations until they have obtained a permit to operate from the State of California, and until the business has complied with all of State and local laws and regulations, including but not limited to the requirements of Town Code Titles 5.56 and 17.138.
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3 Public Benefits:

Describe anticipated employee wages and benefits (living wage) How will the business benefit patients beyond providing cannabis Describe planned business programs that will benefit low income medical patients Describe business practices and/or improvements that will result in the business being sustainable and/or “green”
How will the business participate and support local youth-serving prevention and education programs, and/or adult addiction programs
Plans:

Vicinity map – show distance to nearest school, youth center, daycare, and tutoring center properties Site plan including scale and graphic scale, north arrow (orient all sheets the same direction), dimensioned property lines, footprint of all buildings and structures on the site, location, configuration, and setbacks for all existing and proposed buildings on the site, adjacent streets, buildings and uses, openings on adjacent buildings, parking areas, driveways and sidewalks, zoning setback lines, site contours, exterior light fixture type and location, bicycle and vehicle parking, fences, trash and recycling enclosures, easements/encumbrances, trees, creeks/waterways Floor plans indicating the dimensioned square-footage and use of all areas of the structure(s) showing window and door locations, limited access areas, walls, partitions, entrances, exits and proposed use of each room
Signage Plan fully dimensioned and showing all proposed signage, materials, colors, location on building (full building elevation), type of illumination, width of building frontage, width of lot street frontage
Existing/proposed building elevations of all sides of the building including the maximum height limit, maximum building height, all windows, doors, eaves, skylights, chimneys, roof equipment and screens and other appurtenances on the building exterior, type, finish, material and color of all surfaces (existing and proposed). If no exterior changes proposed, photos of all elevations are acceptable. If exterior changes are proposed, a Design Review application must also be submitted Signage/lighting plans Fully dimensioned elevations showing all proposed signage and lighting, including location on the building or site. Signage information must include type of lettering, materials If illuminated, whether internal or external, with fixture types and location Landscaping and Irrigation Plans Include all existing and proposed plant materials by species, size, quantities, and location. Verification concerning compliance with Marin Municipal Water District Code Title 13 – Water Conservation
Parking Plan Fully dimensioned parking plan with number of vehicular parking spaces, disabled parking and path of travel, loading zones, signage, main points of entry and exit and traffic flow, vehicular and pedestrian circulation paths
Security Plan:

Provide a written security plan and incorporate any applicable information into the plan set.

Document compliance with all State regulations, and describe security measures that go beyond State regulations
In a separate floor plan include security equipment locations (and fields of view for any cameras, sensors, etc.)
x
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Linda Neal
From:

Sent:

To:

Subject:

Planning Commission:

Janet Byrum <[email protected]>
Sunday, July 6, 2025 3:45 PM
Planning Department
Application #25-17
The use of 1601 Sir Francis Drake Blvd for a cannabis delivery business is inappropriate, considering it's close proximity to Archie Williams High School, and the fact that marijuana is still illegal for Federal purposes.

Please consider our opposition to this matter.

Sincerely,
Janet Byrum
Robert Fleming
Hawthorne Avenue, San Anselmo
1 ATTACHMENT D
From: Telephone System Message <[email protected]>
Sent: Wednesday, July 9, 2025 2:56 PM
To: Christine Foster <[email protected]>
Subject: [Voicemail]: New message 3 in mailbox 102 from "Susan Waters" < 100>
You were just left a new voicemail message
From: "Susan Waters" <100>
To: 102
Received: Wednesday, July 09, 2025 at 02:56:00 PM
Duration: 2:05
"Hello there.

My name is Laura Phillips.

I'm on Suffield Avenue. I can give you my address if you want to, but I'm not very far away from Mario's Pizza, which now looks like it's going to be a marijuana di_spensary.

And I am absolutely 100% opposed to this.

This is absolutely ridiculous.

It's it's very near a high school, which is insane.

The kids from the high school walk right by there.
marijuana dispensary near a high school is absolutely irresponsible, , within that kind of walking distance is absolutely insane.
, I've been a victim of one of your section 8 people that's right around the corner from that who robbed me, so I don't like the idea of the people that it's gonna bring back into our
neighborhood from a from a marijuana dispensary.

Absolutely not. And I think that the main concern is from the high school, but me as a, as a neighbor who moved into San Anselmo, I'm right on the border of San Anselmo and Fairfax.

And I've already had the, you know, as I said, I, my, my house was robbed by one of your Fairfax restaurant residents that's in section 8.

So I, I really do not want to have to go through that because of Fairfax affecting everybody else.

No, no, no, no, no.

I'm gonna make sure that I go to my neighbors, I'll be at a party later on this afternoon.

Across the fence from me and I will let all them know that I about this and hopefully they will all be calling into you and saying no, but 1 00°lc> no and I will be sending an email too.

My phone number is 415-497-8535 if you'd like to get back to me, I am opposing Lafleur in Fairfax.

Thank you."
Linda Neal
From:

Sent:

Telephone System Message <[email protected]>
Wednesday, July 9, 2025 3:56 PM
To: Linda Neal
Subject:

Attachments:
[Voicemail]: New message 2 in mailbox 203 from "Susan Waters" < 100> Voicemarl sound attachment.wav
You were just left a new voicemail message
From: "Susan Waters" <100>
To:203
Received: Wednesday, July 09, 2025 at 03:56:12 PM Duration: 0:47 "I Howdy, my name is Dan Eckard.

My number is 510-502-6808.

I live on Suffield Avenue just a couple blocks from where Mario's Pizza was, and I would, you know, and I would like to not have a marijuana dispensary across the street from us on.
, Sir Francis Drake.

I lived in Berkeley for 30 years, and I can tell you that marijuana dispensaries do not attract the best and brightest, and I would prefer not to have one nearby with guards standing outside so the place doesn't get robbed, etc. etc.

Anyway, , thank you for listening.

That's high school."
1 Linda Neal
From:

Sent:

To:

Subject:

Dear town council,
Zach S <[email protected]>
Wednesday, July 9, 2025 10:12 PM
Planning Department
Support for La Flor
I support the cannabis dispensary at the old Mauro's Pizza location. The owner of this company is a standup guy and father to two lovely girls. He's very respectful and self aware. I grew up and lived in Fairfax for 30 + years and my part of my heart will always be there. Thus, I whole heartedly fell there is no chance this business would have any ill intent or negativity to the community. I've invested in people like Martin Kaufman not just financially but with meaningful friendship and hope you see the great potential for La Flor to flourish and Mr Kaufman to be an active and trusted partner to Fairfax where he is deeply rooted.

And as mentioned in this part of the scripted email: It's a corner that's been underused for years. This seems like a solid plan.

Thanks for listening.

Zachary T. Symmes
415-847-5722
1 Linda Neal
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To Whom It May Concern,
Kevin B <[email protected] >
Thursday, July 10, 2025 7:00 AM
Linda Neal
Proposed LaFlor Fairfax Dispensary - I support it!
As a homeowner on Hawthorne A venue in San Anselmo, just a few hundred feet from the proposed site at 1601 Sir Francis Drake Blvd., I am writing in strong support of Martin Kaufman and the La Flor cannabis dispensary project.

I have known Martin personally for over a decade and can speak with confidence to his character, professionalism, and long-standing commitment to the community. As a parent of two young children in the Ross Valley School District and a nearby neighbor, we especially appreciate that Martin took the time to walk me through the proposed concept and design. He was thoughtful and transparent in addressing any concerns, and it's clear he's put great care into creating something tasteful, respectful, and genuinely beneficial for Fairfax and the surrounding area.

Frankly, it's long overdue that Marin has a high-quality, cannabis dispensary. The design we saw is well thought out both inside and out. It's clean, modern, and a significant upgrade to what currently exists at that comer which we can see from our street. I think it's a great use of the space and would add value to the neighborhood and shopping corridor the way he's proposing to fix it up.

I support Martin and La Flor wholeheartedly and hope the Town will recognize the care and quality behind this project.

Sincerely,
Kevin Burke
Hawthorne A venue, San Anselmo, CA
1 Linda Neal
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Hello,
chalinmurrell <[email protected]>
Thursday, July 10, 2025 8:48 AM
Linda Neal
Support for La Flor
I support the dispensary at 1601 Sir Francis Drake. I've had to drive to Santa Rosa or SF to buy anything, and it seems obvious Fairfax should offer something closer.

Thanks for your service.
1 Linda Neal
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Helga Kaufman < hgkaufman [email protected] >
Thursday, July 10, 2025 2:08 PM
Linda Neal
Fairfax Town Council
Support for La Flor
To the Planning Commission and Town Council,
Having lived and owned a home for the past 43 years within less than 5 blocks from the proposed cannabis store, La Flor, I enthusiastically welcome this business.

I have been dealing with cancer for over 18 years, and credit not only my survival, but also my well being in part to the use of Cannabis. La Flor will be a credit to Fairfax and the local community, providing an obviously well planned, safely located and legal access to cannabis .

Respectfully,
Helga Kaufman
1 Linda Neal
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Dear Planning Commission,
Carol Maley <[email protected] >
Friday, July 11, 2025 12:44 PM
Planning Department
Support for La Flor Fairfax
Martin Kaufman and his two beautiful daughters are neighbors of mine. They participate in monthly potlucks in the neighborhood, and host when it's their turn.

They are good neighbors, and I know La Flor will be a good neighbor as well. I support La Flor.

Thank you,
Carol Maley.
32 Buena Vista Ave, Fairfax, CA 94930
1 Linda Neal
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Jeremy < every1 [email protected] >
Friday, July 11, 2025 5:04 PM
Planning Department
I support the new dispensary proposal on sir Francis drake Dear Fairfax Planning Commission,
My name is Jeremy Friend and I've lived in Fairfax for over twenty years. I'm writing to support the LA FLOR the marijuana dispensary store in town. This project is a fantastic idea for many reasons. The location is perfect, tucked away in a spot that works well for the community. It looks professional and well thought out which is what Fairfax and its residents deserve.

It feels like a great fit for Fairfax, and I think it'll bring a positive, modern vibe to the neighborhood and seems to have plenty parking. This is something the town could be proud of. Please approve this project.

Sincerely,
Jeremy
1 Linda Neal
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Hello,
Fleur Byrdler <[email protected]>
Friday, July 11, 2025 7:39 PM
Linda Neal
Support for La Flor
I support the new cannabis store at the old Mauro's pizza. It looks like a better fit than other recent proposals.

Take care .

Hale Lynn Gueffa
415A10.5414
1 7/12/25, 12:47 PM Gmail - Subject: application by Martin Kaufman for Le Flor - 1601 Sir Francis Drake Boulevard M Gmail JUL 1 4 2025 N. Luporini <[email protected]> Subject: application by Martin Kaufman for Le Flor - 1601 Sir Francis Drake Boulevard
N. Luporini <[email protected]>
To: [email protected]
Bee: [email protected]
Sat, Jul 12, 2025 at 12:46 PM
My name is Nancy Luporini. My residence is at 101 Suffield Ave in San Anselmo Uust up the road from the La Flor Dispensary as proposed by Martin Kaufman. I have resided at this address since 1961 and am familiar with the proposed site.

I am responding to a proposal by Martin Kaufman to open a cannabis dispensary at 1601 Sir Francis Drake (formerly Mauro's Pizza).

Martin and his family lived next door to me, and I have known Martin since he was a child! Martin has moved on to become a highly caring, sensitive and prosperous person. who has been very successful in achieving his goals in life. Martin is deeply embedded in the town and community where he was raised.

The proposed site has long appeared "run -down" and is not a positive attraction to the neighborhood. I can almost predict that not only will the proposed cannabis business be successful, but aesthetically Martin will improve the area with a much needed renovation to the benefit of the community.

I support the Town of Fairfax granting a permit to Martin Kaufman to operate his proposed La Flor cannabis dispensary.

Martin will improve the site and the town will improve its tax revenue.

Nancy Luporini
https://mail.google .com/mail/u/0/?ik=f6b8ffc 12B&view=pt&search=all&permmsgid=msg-a:r-3959261360147321360&simpl=msg-a:r-395926136014 732... 1 /1 Linda Neal
From: Barbara Coler
Sent: Saturday, July 12, 2025 6:47 PM
To:

Subject:
janet coleson; Linda Neal; Jeff Beiswenger
Fwd: NO LA FLOR
Sent from my iPhone
Begin forwarded message:

From: Laura Phillips <[email protected]>
Date: July 12, 2025 at 5:13:28 PM PDT
To: Fairfax Town Council <[email protected]> Subject: NO LA FLOR
Dear town Council members,
I just received a letter from Martin Kaufman because I am a "neighbor" very close to the proposed location of La Flor. I am 100% opposed to this location. You know what else is very close to 1601 SFD blvd? Archie Williams High School! Are you kidding me? Did anyone even do their homework to see how close this is to the High School?? It is .6 miles from the High School- a 2 minute drive,3 minute bike ride, and 12 minute walk. Is this even legal?
In addition, he provided an incorrect email address to notify you, the town council, if there was a dispute or problem with this location. It seems like a less than half hearted attempt to inform, when his only job was inform the "neighbors" of this abomination, then give us the incorrect email address to contact you, the town council.

This seems so irresponsible I am flabbergasted that I even have to write this, and ask what are you thinking? Simply for the safety of the high school teenagers, who easily can and will walk or ride there at lunch and after school, this seems like a nonstarter. On top of that, to put it in the middle of an otherwise quiet neighborhood, with just a spattering of stores, is extremely unfair to those of us who chose this area particularly for safety reasons. If you must have a marijuana dispensary, it seems to be much more appropriate downtown, and not in the middle of a neighborhood or next to a high school! Please do the right thing, and keep this from happening. It's truly an abomination.

Thank you,
Laura Phillips
415-497-8535
1 Linda Neal
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Hello Town Council,
[email protected]
Sunday, July 13, 2025 10:22 AM
Linda Neal
Support for La Flor
I support the cannabis club at Suffield and Sir Francis Drake. It reflects the town better than an empty storefront. I believe it fits in with the vibe of the area.

Thank you,
Dennis Ogilvie
1 Linda Neal
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N. Luporini <[email protected]>
Sunday, July 13, 2025 11 :07 AM
To: Linda Neal
Subject: Fwd: application by Martin Kaufman for Le Flor - 1601 Sir Francis Drake Boulevard ---------- Forwarded message---------
From: N. Luporini <1Lu::iorioi•1 o·[email protected]>
Date: Sat, Jul 12, 2025 at 1 :00 PM
Subject: application by Martin Kaufman for Le Flor - 1601 Sir Francis Drake Boulevard To: <LNeal@towno-rfai1ia.&.gmL>
My name is Nancy Luporini. My residence is at 101 Suffield Ave in San Anselmo Uust up the road from the La Flor Dispensary as proposed by Martin Kaufman. I have resided at this address since 1961 and am familiar with the proposed site.

I am responding to a proposal by Martin Kaufman to open a cannabis dispensary at 1601 Sir Francis Drake (formerly Mauro's Pizza).

Martin and his family lived next door to me, and I have known Martin since he was a child! Martin has moved on to become a highly caring, sensitive and prosperous person. who has been very successful in achieving his goals in life. Martin is deeply embedded in the town and community where he was raised .

The proposed site has long appeared "run -down" and is not a positive attraction to the neighborhood. I can almost predict that not only will the proposed cannabis business be successful, but aesthetically Martin will improve the area with a much needed renovation to the benefit of the community.

I support the Town of Fairfax granting a permit to Martin Kaufman to operate his proposed La Flor cannabis dispensary. Martin will improve the site and the town will improve its tax revenue.

Nancy Luporini
1 Linda Neal
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Ramo Naidu <[email protected]>
Sunday, July 13, 2025 9:08 PM
Linda Neal
Support for La Flor
To the Planning Commission and Town Council,
I support the cannabis dispensary at the old Mauro's Pizza location. It's a corner that's been underused for years. This seems like a solid plan and is not in the middle of other prosperous businesses so inadvertent leak of underage kids is less of a concern than on Broadway or Solinas.

In particular, many of my patients have benefited tom the use of CBD and some THC products for the management of chronic pain.

Thanks for listening.

Ramana K. Naidu MD
Pain Physician/ Anesthesiologist MarinHealth Spine Institute Director of Pain Management at MarinHealth Medical Center Director of Marin Specialty Surgery Center
1 Linda Neal
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Dear planning commission,
LAURA PHILLIPS <[email protected]> Monday, July 14, 2025 9:32 PM Planning Department Plenty of reasons for NO La Flor!
Thank you for considering my extremely strong objections to La Flor Medical Marijuana dispensary :
1) There is ALREADY a pot dispensary with Marin Alliance that has been approved right across the street from the proposed La Flor sight. There is exactly ONE building between the two pot dispensary sites .... this is beyond insane.
2) There is a Tutoring & Learning center on the other side, separated from the proposed La Flor site by ONE building. This is well inside the 300 ft radius that is required for Medical-use Cannabis storefronts (Medical-use cannabis storefronts are not allowed within a 300-foot radius of a daycare center or tutoring center.)
3) There is a daycare- Caterpillar Academy- less than one block from the proposed La Flor pot dispensary site. I believe that if correctly measured, this would also fall within the 300 ft boundary described above. Who actually did the measuring, and how can you trust that they were accurate? If not, it's very, very close to the extremely arbitrary bounday- Isn't it far more important to make sure neighborhood children are safe????
There are SO many reasons to NOT allow ANOTHER Marijuana dispensary site right next to the one that was already approved. Let's do the right thing and move on! This is basically a neighborhood. We would all like to keep it safe- it's quite a bait and switch to buy a house in a safe neighborhood, then Fairfax allows a marijuana dispensary site in the middle of the neighborhood, where there used to be a pizza restaurant! I moved AWAY from Berkeley to get away from this. Please do not allow this to happenbased on the sited rules, this should't even be considered.

Thank you,
Laura Phillips
1) There is already a pot dispensary right across the street. 1 Proposed additional pot dispensary
site- ··,1or
2)There is a Tutoring & learning center separated by just ONE building from the proposed Pot dispensary site
2 osed ad
nsary
3 \
\
Tutoring & Le.:arning
Center
3) There is a DAYCARE center less than a block from the proposed Pot dispensary site! 4 5
Linda Neal
From: Planning Department
Sent:

To:

Monday, July 14, 2025 9:48 AM
Patrick Segale
Cc: Linda Neal
Subject: RE: New Dispensary at 1601 Sir Francis Drake blvd.

Thank you for your comments. They have been forwarded to the Planning Commission and will become part of the administrative record.

From: Patrick Segale <[email protected]>
Sent: Monday, July 14, 2025 9:28 AM
To: Planning Department <[email protected]>
Subject: New Dispensary at 1601 Sir Francis Drake blvd.

Dear Fairfax Building Department,
As a lifelong resident of San Anselmo and someone who owns property in Fairfax just a few businesses down from this new location, I'm writing in strong support of the proposed legal cannabis dispensary currently under review.

Fairfax has always been a town that values progressive thinking, community-based business, and responsible local development. A well-regulated, legal dispensary aligns with these values.

Having lived here my entire life, I've seen the town evolve while still maintaining its unique spirit. I believe this dispensary would not only offer a safe, legal alternative to the unregulated market, but also create good local jobs, generate tax revenue for town services, and revitalize our small business economy-especially in a time when many mom-and-pop shops are struggling.

As someone with a nearby business presence, I feel confident this new operation would be a responsible and welcome neighbor. Fairfax residents are thoughtful and communityoriented, and the applicants behind this dispensary appear to share those values. I'm hopeful that with proper review and adherence to local guidelines, this new addition will be a benefit to our town, not a burden.
1 Linda Neal
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To the Town of Fairfax,
Chad Heschong <[email protected]>
Tuesday, July 15, 2025 9:56 PM
Linda Neal
Support for La Flor
These Operators clearly understand what it takes to run a solid business in an extremely difficult industry. They would not have been able to achieve so much without following all city/county/state regulations and compliance!
If done well, which I believe La Flor checks all the boxes, this would be a wonderful addition to the community of Fairfax.

Thanks for considering my opinion.

Chad Heschong
1 Linda Neal
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To the Fairfax Council,
Matthew Holt <[email protected]>
Wednesday, July 16, 2025 10:11 AM
Linda Neal
Support for La Flor
I support the cannabis club planned for Kent Ave and Drake. It looks responsible and in line with the community's values.

Thanks
Matthew Holt
120 Humboldt Avenue (border of Fairfax/San Anselmo)
1 Linda Neal
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To the Town of Fairfax,
Scott Drotman <[email protected]>
Wednesday, July 16, 2025 10:42 AM
Linda Neal
Support for La Flor
I support this plan for a cannabis dispensary. It seems thought-out and something Fairfax should have.

Thanks for considering my opinion. Thank you
Scott Drotman
1 Linda Neal
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To Whom It May Concern,
Tyler Heschong <[email protected]>
Wednesday, July 16, 2025 3:29 PM
Linda Neal
Support for La Flor
I support the dispensary for 1601 Drake. It's a thoughtful alternative to the empty storefronts we're seeing around town. I am a Marin born cannabis operator and I think it would be amazing to be able to sell locally made products at this shop for consumers.

Thank you for your time,
-Tyler
1 Linda Neal
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Kim Wilson <[email protected]>
Wednesday, July 16, 2025 8:48 AM
Linda Neal
Support for La Flor
Dear Fairfax Town Council,
I'm writing to support the proposed cannabis club at 1601 Sir Francis Drake. I live in Deer Park and patronize dispensaries in San Francisco due to the lack of a good, well-stocked shop here in Fairfax.

I would much prefer to keep my dollars in town.

This seems like a great chance to approve a proposal by a local, and a perfect location as well.

Sincerely,
Kim Wilson
60 Creek Road
Fairfax
1 Linda Neal
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Dear Fairfax Council,
Jonathan <[email protected]>
Thursday, July 17, 2025 10:01 AM
Linda Neal
Support for La Flor
I support La Flor. The name's great and the plan looks nice.

We already know people are using cannabis responsibly - this gives them a better option locally.

Appreciate your work on this.

Jonathan Sonett
1 From:

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Date:

Hello,
Cjndy Ross
Planning Department
NO to Dispensary at Mauro"s site
Thursday, July 17, 2025 3:53:56 PM
I was unable to send this earlier, but will try to attend the meeting tonight by Zoom. I am OPPOSED to a second dispensary in Fairfax so close to where MAMM will be relocating, especially after some of the online comments I've seen. The last thing Fairfax needs right now is competitive marijuana wars to add to the chaos. If anything, I think the Mauro's site could be better utilized for housing (a small development).

Thank you.

Cindy Ross
415-505-3251
Linda Neal
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Subject: Good afternoon,
Nathaniel Lepp <[email protected]>
Thursday, July 17, 2025 4:07 PM
Linda Neal
Support for La Flor
I'm writing to support the proposal to create a La Flor cannabis store at the old Mauro's pizza. Martin Kaufman is a skilled and capable owner/operator in the cannabis industry. I know him personally.

The La Flor proposal will generate economic activity in Fairfax. It's in an out-ofthe-way location from the main drag of town. It's got lots of parking. The proposed design is nicely discreet.

On a health note: While cannabis use is not without risks, it's very reasonable to say that cannabis consumption is much safer than alcohol consumption. Given that alcohol is widely available for purchase in Fairfax, so should cannabis be available. In fact, this may reduce the amount of illegal cannabis purchases occurring in Fairfax.

I fully support this effort.

Cheers,
Nathaniel E. Lepp, MD, MPH
Sent from mobile phone I Please pardon typing errors & brevity 1