Fairfax City Council
July 1, 2026

FAIRFAX TOWN COUNCIL MEETING

STAFF REPORT

MEETING DATE July 1, 2025
PREPARED FOR Mayor and Town Council
PREPARED BY Linda Neal, Principal Planner
Jeffrey Beiswenger, Planning & Building Services Director Janet Coleson, Town Attorney
SUBJECT Application for a Cannabis Business Permit for a Medical Cannabis Storefront Retailer at 61 Bolinas Road

RECOMMENDATION
Open the public hearing, hear the staff report, address questions from Council, hear public comment, close the public hearing, and bring the matter back to the Council for discussion and deliberation on the options below.

Staff requests the Council provide clear direction to either:

1. Deny the application via adoption of a resolution of denial to be provided by the Town Attorney; OR

2. Continue the item and direct staff to draft revisions to the FTC that would eliminate or reduce the required distances from sensitive uses and eliminate the parking requirement, thereby allowing the application to be approved.

BACKGROUND
In 2019, after holding twenty-three meetings on the subject, the Town Council adopted Chapter 5.56, Chapter 17.110 of the Fairfax Town Code (FTC) and Town Council Resolution 19-34, setting forth the regulations governing allowed Cannabis Businesses in Fairfax.

Application Process
The process for obtaining a Cannabis Business Permit in Fairfax starts with an application during a noticed period of time when the Town is accepting applications.

Applications are reviewed by planning staff to determine completeness.

The cannabis business application process consists of the following three Phases.

Phase 1: Application Submission & Initial Review
• Applicants submit required forms, fees, and permits. Applicants must provide:
o Business and organizational details.
o Proof of ownership or authorization from the property owner. o A business plan, including financial capacity and operational procedures.

o Security and safety plans.
o Proof of compliance with California state licensing.
o Traffic and site plans.
o Fees and deposits.
• Planning staff will notify applicant if any information is missing or needs correction. • Town Manager makes a final determination on further processing.

Phase 2: Planning Commission Review & Scoring
• Accepted applications are reviewed and scored by the Planning Commission. • Scores are based on the Town’s established evaluation criteria. (See Council Resolution 19-34) Phase 3: Town Council Final Scoring & Permit Issuance
• Applications scoring 80 points or higher are forwarded to the Town Council. • The Town Council holds a public hearing and makes final scoring decisions. • Permits are issued to the highest-scoring eligible applicants based on availability.

FTC Requirements
Through provisions in the FTC, the Town Council restricted the number of “brick and mortar” cannabis business locations to a total of two permits at any one time in the following categories or in any combination thereof:
(1) Medical-use only storefront retailer; and/or
(2) Delivery-only retailer (non-storefront retailer), which may be medical-use, adult-use or both. (FTC 5.56.040)
The Council further restricted the locations where the two allowed businesses could operate by limiting medical-use storefront retailers to Highway Commercial (CH) or Central Commercial (CC) zones and Delivery-only retailers to Highway Commercial (CH), Central Commercial (CC) and Limited Commercial (CL) zones (FTC 17.110.040(B)) and by establishing distance requirements on any such businesses.

Chapter 17.110.040(C) specifies that 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:
(1) Medical-use storefront retailers: within a 600 foot radius of a school or youth center, or within a 300 foot radius of a day care center or tutoring center. (2) Delivery only retailers: within 250 feet of a school or youth center.

Definitions of the terms school, youth center, day care center and tutoring center are found in FTC Section

17.110.020 as follows:

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 school age child care centers, as defined §§ 1596.76 and 1596.750 of the Cal. Health and Safety Code.

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.

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.

CURRENT APPLICATION
During the recent cannabis business permit application period from January 20, 2026 through March 22, 2026, the Town received only one application. The applicant is Marin Alliance for Medical Marijuana/ Shaw Holding Company, LLC. The applicant seeks approval for a medical-use storefront retailer permit at 61 Bolinas Road and proposes to operate from an existing 1,150 square-foot commercial space that is currently the Shaw General Store. The applicant has not applied for a delivery permit.

Note that there is no delivery permit option available as the one allowable side-by-side medical-use retailer/delivery only permit was granted to La Flor by the Council at the meeting of September 3, 2025.

FTC Section 17.110.040(A)(2) provides that one retail location in Town may consist of side-by-side licensed premises as defined in 16 CA Code of Regulations, Section 5025, in order to permit the licensing and operation of both a medical-use storefront retailer and an adult-use delivery only retailer by a single operator.

Council Resolution No. 19-34 sets forth scoring criteria for cannabis business permits and the Planning Commission scored this application at its meeting on May 21, 2026 (see attached Planning Commission Resolution No. 2026-09). The Planning Commission’s review was limited to an initial scoring of the application according to the established criteria. This is in keeping with their role set forth in the regulations to just make an initial scoring of any cannabis business application. All other issues related to requirements for cannabis businesses are the purview of the Town Council. In this case, before the Council may review the merits of the application, however, three issues related to the proposed location must be reconciled by the Council.

The location at 61 Bolinas Road, is not in conformance with the provisions of the FTC due to three, separate issues, any one of which is disqualifying.

First, the location is within 600 feet (approximately 209 feet) from the Fairfax Pavilion, which meets the definition of a Youth Center as it is primarily used to host recreational or social activities for minors. See the table below for a list of partnerships and youth groups that use the Pavilion on a regular basis. These uses represent approximately 75% of the available days at the Pavilion.

Recreation and Community Services - Contract for
Services Agreement
2025-2026
Name of Org/Class Name of Person Pavilion Usage
Ballfax Youth Recreation Club Brandon Marsh 104 days
Good Fun Stuff Aura and James
Reynolds
25 days
Luis Quezada Soccer Luis Quezada 10 days
Nature Playgroup Liesha 0 days
New Parents and Babies Group Ali Vogt 52 days
Nurture Neuroscience Circle Linda Fitzgerald Women's Club and Pavilion - 8 days
Playwell Technologies - Legos Colleen MacGill 15 days
Ross Valley Breakers Luis Quezada 47-50 days
Possum Soccer Christine Kelly 10 days
Second, the location also is within 300 feet (approximately 243 feet) from First Friends Preschool (operating with a Conditional Use Permit from 86 Mono Avenue) which meets the definition of a Day Care Center.

Note that FTC Section 17.110.050(c) provides that the distances measured shall be the horizonal distance measured in a straight line from the property line of the specified use to the closest property line of the lot where the retailer is proposing to locate.

Third, the proposed business has no on-site parking. FTC Section 17.110.040(D)(1)(a) requires medicaluse storefront retailers to have three on-site parking spaces for the first 500 square feet of gross floor area and one space for each additional five hundred square feet thereafter. The 1,150 square foot building at 61 Bolinas Road would have to have four on-site parking spaces to be in conformance with the requirements of the FTC.

Any of these three inconsistencies are separate grounds for rejection of this application. Instead of rejecting this application when it was submitted, however, staff is seeking direction from the Council as to the whether a majority of the Council would like to revisit the distance from sensitive uses and the parking requirement for cannabis retailers. As it has been seven years since enactment of the FTC sections governing cannabis business permits, the Council could decide to review these or any other aspect of the FTC regulations regarding cannabis business permits. Without modification of the applicable FTC sections, this application may not be approved. Before reviewing the application further the Council should decide if a review of the distance requirements from sensitive uses and the parking requirement is warranted and give direction to staff. If the Council decides not to review the FTC sections that disqualify this location, the Council should reject this application as not being in conformance with the FTC requirements for cannabis business permits.

Alternatively, should the Council choose to review the applicable sections of the FTC, the Council would continue a decision on this application until such time as staff could bring changes back to the Council through the process of obtaining a Planning Commission recommendation on Chapter 17.110 only and then bringing modifications to both FTC Chapters to the Council. The most expedited track for this scenario would have the application before the Council at the October meeting, but if the Planning Commission or the Council wants to spend more than one meeting to review the applicable FTC provisions, it could be a few months later.

California Environmental Quality Act (CEQA)
Repurposing an existing commercial building 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).

FISCAL IMPACT
n/a

ATTACHMENTS
Attachment A - FTC Chapter 5.56 Cannabis Businesses
Attachment B - FTC Chapter 17.110 Cannabis Uses
Attachment C - Town Council Resolution 19-34 Scoring Criteria Attachment D - Allowable Cannabis Storefront Retailer/Delivery Only location maps Attachment E - Application and Applicant’s Supplemental Information Attachment F - Planning Commission Resolution 2026-09 providing preliminary scoring on the application
Attachment G – Public Comments from Planning Commission Meeting CHAPTER 5.56: CANNABIS BUSINESSES
Section
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
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.

ATTACHMENT A
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 façade 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 façade 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 future-adopted 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.
(B) 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)
ARTICLE II. RESERVED
CHAPTER 17.110: CANNABIS USES
Section

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 Reserved

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 non-manufactured 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

ATTACHMENT B
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 NON-STOREFRONT 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 Alicense 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 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.

At all times, two, but not more than two, retail locations may hold permits to legally operate. (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; Am. Ord. 905, passed 3-4-2026) § 17.110.050 RESERVED.
§ 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. (B) 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 (B)(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 § 17.110.100(A) or (B)(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(D). (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 §§ 11472 through 11479, 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 PER.1\fiTS L"l'li 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 rvIAUCRSA recof,'Ilizes, 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.l 10 "Cannabis Uses" governing all commercial cannabis businesses in the Town; and \VHEREAS, 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 applk.ation procedures prior to the commencement of the application period and posted publicly on the Tovvn's website; and WHEREAS, on August 7, 2019 the Town Council approved by minute action the scoring dteria, 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 I, 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 1 :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:

Attest:

None
Non-s
None
-�:s·-17
Hannah·, olitzer, Depmy Town Clerk Date
Barbara Coler, Mayor

ATTACHMENT C

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 CAJ\i'NABIS 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. ,6 0
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titude Geographies Group ltd.
120.30
Map Report
240.6Feet
8 9
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.

THIS MAP IS NOT TO BE USED FOR NAVIGATION
Legend
Parcel Note
easement
centerline
Address
Parcel
Condominium Common Area
Mobile Home Pad
City Community
Marin County Legal Boundary
Other Bay Area County
Stream - Perennial (NHD)
Notes

ATTACHMENT D
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240.6 0
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© Latitude Geographies Group Ltd.

Map Report
120.30 240.6Feet
8 9
This map is a user generated statk: output from an Internet mapping site and Is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.

THIS MAP IS NOT TO BE USED FOR NAVIGATION
Legend
Parcel Note
easement centerline
Address
Parcel
Condominium Common Area
Mobile Home Pad
City Community
Marin County Legal Boundary
Other Bay Area County
Stream - Perennial (NHD)
Notes

ATTACHMENT E

CANNABIS BUSINESS PERMIT

APPLICATION

FAIRFAX PLANNING AND BUILDING SERVICES
Please schedule an appointment with the Planning Department to submit an application

I SECTION A - FEES AND DEPOSITS
~ Application Fee $2,800
0 Consultant Deposit $2,000 (Please note an administrative fee of 20% of the consultant cost is required if a consultant is used)

I SECTION B -APPLICANT/BUSINESS INFORMATION

1. License Type:
~ Delivery-Only Retailer
;.g Medicinal Retailer
0 Medicinal Retailer/Adult Use Only Delivery

2. Business Organizational Structure: (Please check ONE) 0 Sole Proprietorship
0 Limited Partnership
0 Corporation (or foreign corporation) ~ Limited Liability Company 0 General Partnership O Limited Liability Partnership

3. Name (sole proprietor first and last, all other legal business name) l:~ha:uJ I~ olc~h1 a.Coh\ an ~LLDoing Business !Jes (OBA} War{n Al(H,fUCt ro·r /-k{k~ ~avi UOll {}--

4. Business Address ity State Zip Code
6 / '"SD/ i l\t,, ~ r,) r[~ &.f.--t.~ CJf 1)6

5. Mailing Address (if different from business} City State Zip Code

6. Business Website Phone Number EMmail

7. Social Security Number, Individual Taxpayer Identification Number or Business Federal ID Number

SECTION C - PRIMARY CONTACT PERSON
Name Phone Number Ownership% Job Title
Mailing Address City State Zip Code

SECTION E - NON-OWNERS WITH A FINANCIAL INTERST IN THE BUSINESS (Attach additional oaaes if needed)

9. Name Phone Number E-mail
Mailing Address City State Zip Code
Name Phone Number E-mail
Mailing Address City State Zip Code
Name Phone Number E-mail
Mailing Address City State Zip Code
SECTION F -FICTITIOUS BUSINESS NAMES lAttach additional ruaoes if needed\

10. Business Name
Mailing Address I City I State I Zip Code
Business Name
Mailing Address I City I state I Zip Code

I SECTION G - REQUIRED INFORMATION
Please document how the proposed business will comply with each of the criteria below, which the Town will use to evaluate your business proposal.

Business Plan:

D Industry experience
D Financial capacity to start up and sustain business operations D Business design/layout: secure, attractive, unobtrusive design D Innovative or boutique business models consistent with the Fairfax community D Additional information that demonstrates the ability to operate in a manner consistent with the values of the Town.

Qperating Plan:

LJ Provide a copy of completed State licensing application ( confidential information must be redacted by applicant). You do not have to submit the licensing application to the State until/unless you are approved for a Fairfax Cannabis Business Permit.

D Provide information on inventory controls and sales procedures that will be used to prevent diversion to illegal market and access to minors
D Employee training beyond that required by the State
D Parking, circulation and traffic plan, including truck and delivery parking if applicable, to ensure safe access and minimize traffic congestion
D Complaint response program
D Additional operational procedures demonstrating safety, commitment to community welfare and community responsiveness
2 Public Benefits:
0 Describe anticipated employee wages and benefits (living wage) 0 How will the business benefit patients beyond providing cannabis D Describe planned business programs that will benefit low income medical patients D Describe business practices and/or improvements that will result in the business being sustainable and/or "green•
0 How will the business participate and support local youth-serving prevention and education programs, and/or adult addiction programs
Plans:

D Vicinity map - show distance to nearest school, youth center, daycare, and tutoring center properties D 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 D 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
D 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
0 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 D Slgnage/Ughting 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 D 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
0 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:

D 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
D In a separate floor plan include security equipment locations (and fields of view for any cameras, sensors, etc.)
3 I SECTION H: CERTIFICATIONS
I declare under penalty of perjury that the foregoing information is true and correct and I am aware that if I present any material matter as true which I know to be false, I may be subjected to penalties prescribed for perjury under the Penal Code of the State of California.

Executed at __________ California, this ___ day of _ _, 20_ Applicant's Printed Name Signature
Applicant's Printed Name Signature
Applicant's Printed Name Signature
Applicant's Printed Name Signature
Applicant's Printed Name Signature
Applicant shall notify the Planning Director in writing within ten (10) calendar days of any changes to any item listed in the application and upon transfer of any portion of the ownership or title of the original entity that filed this application. The notification shall be signed and dated by the property owner.
4 Proposed Cannabis Operation Location and Property Ownership To submit an application you must schedule an appointment with the Planning Department Street Address of Proposed Assessor's Parcel Number(s) Floor (1 or 2) Business
(g-r,JJ- fr I ·, o. I r rt -Bu I n10J , cl rcfi iJ,.1
Is the applicant the owner of the property? D Yes i2! No Note: If the Applicant is not the legal owner of the property, the property owner must complete and sign the Property Owner Authorization below; or this application must be accompanied with a signed acknowledgment from the property owner indicating that the named applicant may seek permits to operate a Cannabis Operation of the type indicated in the application on his/her/Its property.

I· SECTION 1- PROPERTY OWNER AUTHORIZATION
Property Owner Name Title Phone Number
ri>reue,i--t=a , r ~r?t'/ I-le~ ( )
Property Owner Mailing Address City State Zip Code
;:fq .SO "!--( Fo '='-G f- <' D. Cf. q'J 13 v .• •1•1 •• 1• ••• 1· f/11,L ..)tfh tc:Ju E-mail • ,-to ( d lls· (;·~ . ~-e...e j 1m1 . c oyy,.,,, Declaration: As owner ( or an authorized representative of the owner) of the property indicated above, I authorize the Applicant to seek permits to operate a Cannabis Operation (of the Type identified below) at my property:
l8f Medical Cannabis Retail Operation D Adult/Medicinal Cannabis Delivery Only D Combined Medical Cannabis Retail and Adult/Medicinal Cannabis Delivery Print Property Owner Signature Below
Property Owner Signature
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December 16, 2.025
Town of Fairfax
Pi.:mnin~ and Building Ser\'ices
142. Solinas Rd.

Fairfax, CA 94?30
Dear Town oi Fairiax.

Forever Fairfax LLC is the owner and landlord of the property located at 61 Solinas Rd. Lynette Shaw has been tenant there for over six months throughout which time she has been very responsible and responsive. She has informed us that we wishes to apply for a medical cannabis dispensary license for this location and we support her application. ~ ~E~!BER-~ \..\N.~GER
:=cREVER FAlRFAX LLC
V
Lynnette Shaw
Statement re:POS
Jul 9, 2025 at 3:35:50 PM
Charles Dines
To the Town of Fairfax
This letter is to confirm that my cannabis business uses the proprietary point-of-sale system called Proteus 420. We have been using it for several years and all my staff is trained to use that POS.

Inventor of the licensed dispensary, 1997.

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61 Solinas Avenue
Fairfax cal 94930
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PP.O.IECY t!O. 5 I SHEET •10.

DRAW1ffi3 NO. 0012 /\12
January 5, 2026
Ms. Lynnette Shaw
Marin Alliance
P.O Box 782
Fairfax, CA 94930
DRAFT Trip Generation Study for 61 Bollnas Avenue
Dear Ms. Shaw;
W-Trans has completed an evaluation of the potential change in the trip generation associated with the proposed redevelopment of an approximately 714-square-foot retail space at 61 Solinas Avenue in the Town of Fairfax. The purpose of this letter is to set forth the project's anticipated trip generation and evaluate the need for a "Traffic Impact Permit" based on the Town's policy.

Project Description
We understand that the project as proposed Includes a Conditional Use Permit (CUP} to allow the retail sale of cannabis products In an approximately 714-square-foot space currently occupied by a general (variety} store.

Background
The Town's Zoning Ordinance 17.056 Indicates that a "Traffic Impact Permit" is required for any project that either generates 100 or more new trips daily or has a floor area of 5,000 square feet or more. Though the building area to be converted is 714 square feet in size, which is considerably smaller than the criterion of 5,000 square feet, the need for a Traffic Impact Permit was also considered based on the project's potential trip generation as requested by staff.

Trip Generation
The trip generations for both the most recent prior use and the proposed use were estimated based on standard rates published by ITE in Trip Generation Manual, 12th Edition, 2025. The rates for a Variety Store (LU #814) were applied to the existing use and the rates for a cannabis dispensary (LU #882) were applied to the proposed use.

Consideration was also given to pass-by trips associated with both the existing and proposed uses. A Variety Store has a 34-percent pass-by rate during the p.m. peak hour; the same rate was conservatively applied to the morning peak hour and daily trips though It is typically lower the rest of the day than during the p.m. peak hour. Although it is likely that many of the customers of a cannabis dispensary would stop in while enroute between a primary origin and destination, resulting In a pass-by trip rather than a new primary trip, the Trip Generation Manual does not include pass-by data for this land use. However, there is pass-by data for a Pharmacy/Drugstore without a Drive-Through Window (LU #880), so the 53-percent p.m. peak hour deduction was applied. Lower pass-by percentages of 45 percent during the a.m. peak hour and 35 percent over the course of the day were applied to determine the estimated number of new trips associated with the proposed change in use.

As shown in Table 1, the proposed dispensary would be expected to generate an average of 162 trips per da}•, including 7 during the a.m. peak hour and 18 during the p.m. peak hour. After deducting trips estimated for the existing variety store use as well as for pass-by trips, the change in land use would be expected to generate an average of 75 net-new primary trips per day, including three during the morning peak hour and five during the p.m. peak hour.

ATTACHMENT C
490 Mendocino Avenue, Suite 201 Santa Rosa, CA 95401 707.542.9500 t·v-trnns.com SANTA ROSA• OAKLAND
Ms. Lynnette Shaw Page2 January 5, 2026
Land Use Units Dally AMPeakHour PM Peak Hour
Rate Trips Rate Trips In Out Rate Trips In Out I
Current Use I Variety Store -0.714 ksfl 63.66 -45 3.04 -2 -1 -1 6.70 -5 -2 -3 Pass-by 34% 15 34% 1 0 34% 2
SUb-total Current Use -30 -1 0 -1 -3 -1 -2 ----·--------- Proposed
Cannabis Dispensary 0.714 ksf ! 227.76 162 10.09 7 4 3 25.60 18 9 9 Pass-by -35% -57 -45% -3 -2 -1 -53% -10 -5 -5
Sub-total Proposed Use 105 4 2 2 B 4 4
Total Net New Trips 75 3 2 1 j 5 3 2
Note: ksf = 1,000 square feet
As shown, the project would be expected to generate fewer than 100 net-new primary trips daily, indicating that a "Traffic Impact Permit' would not be required under the Town's code.

Conclusions
The proposed change in land use would affect a space considerably smaller than the 5,000-square-foot threshold set forth In Zoning Ordinance 17.056, indicating that a "Traffic Impact Permit' should not be necessary. An estimate of the trip generation indicates that the use would be expected to result in fewer than 100 net-new primary trips, further supporting the finding that further traffic analysis is not required.

Thank you for giving us the opportunity to provide these services.

Sincerely,
Dalene J. Whitlock, PE {Civil, Traffic), PTOE
Senior Principal
DJW/djw/FAI028.L2
Marin Alliance security
Along with only having one point of entry and exit the club wm support a number of cameras, survemance the premises, both interior and exterior as noted on the accompanying floor plan.

Along with this, there wm be an interior wan with its own separate door separating the sales floor from the lobby/lounge. In this lounge, there wm be chairs, a smaU table, literature for mental health issues, resources suggestions and complaints. Also, in this area wm be a security guard wm be armed and there during all operational hours .

Also, there wm be secure rooms in accordance with state Daw, which wm allow the safe, the security camera recorders in the inventory control.

ATTACHMENT D

THE SECURITY INFORMATION FOR THIS ITEM IS

ONLY BEING PROVIDED TO THE PLANNING

COMMISSION AND NOT TO THE PUBLIC FOR PUBLIC

REVIEW FOR SECURITY REASONS

ATTACHMENT D
To: Town Staff, Planning Commission and Town Councilmembers From: L. Shaw Holding Co., LLC
Re: MAMM Cannabis Business Permit- Rev. 3 FINAL SUBMISSION (for 5.21.26 agenda) May 4, 2026
Attn: Town of Fairfax Staff, Planning Commission and Town Councilmembers Please find below answers to all questions needing clarification for MAMM's inclusion on the Planning Commission agenda scheduled for 5.21.26.

To level set, everything set forth below - along with all appendices that have previously been submitted and considered adequate - now comprise the entirety of Marin Alliance's application for a medical cannabis storefront license at 61 Solinas Road in the Town of Fairfax, CA.

1. Required by Town Code § 5.56.060(A)(2) - A description of the statutory entity or business form that will serve as the legal structure for the applicant and a copy of information and organizing documents (i.e. articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and fictitious business name agreement.

The Structure of the business is a Limited Liability Corporation named L. Shaw Holding Co., LLC.

2. Provide the names, residence address and business address of each manager that will be employed by the business proposing to operate at 61 Solinas Road in accordance with Town Code 5.56.060(4);
Manager: Jermayne Scarlett -

3. Provide detailed information on how future managers of the establishment will be trained and what expertise you will be looking for when you hire future managers.

Future managers will be selected based on previous cannabis industry experience, knowledge of medical modalities and a personal, compassionately caring demeanor that will meet the medical cannabis profile of a Fairfax and/or Marin County medical cannabis patient where they are.

ATTAC ENT

4. Provide evidence that the requirements of Town Code § 5.56.070(A)(3) have been completed and that live scans have been completed for the owner and any manager(s).

See appendix documentation.

Business Plan (Page 2 of the Cannabis Building Permit Application)

5. Provide evidence that the applicant has the financial capacity to operate a medical-use only storefront retail operation. The application requires information to support the statement in the submitted application materials that the business will be self-funded (Cannabis Business Permit Application, page two, second checkbox). * incplanapp.61 bolinas.2-16-2026
The owner of MAMM owns a house in the Town of Fairfax that was recently valued at $1,372,700.00. This appraisal is publicly available on Zillow and other real estate apps.

With a history of steady mortgage payments, Lynette Shaw now has $748,000.00 in equity in this home and is currently in the process of obtaining a Home Equity Investment (HEI) which will ensure that ample finances are available to operate a medical-use only storefront retail operation. Ms. Shaw already owns the lease at 61 Solinas, currently named Shaw's General Store, and has no financial issues in regards to paying this rent for the new dispensary or acquiring product. The owner of 61 Solinas Road is amenable to Ms. Shaw converting the General Store into a medical cannabis retail storefront at this location.

Although Ms. Shaw may seek future investment in the dispensary in the future, it will be self-funded at opening, with no changes to the ownership structure expected to ever change.

Operating Plan (Page 2 of the Cannabis Building Permit Application)

6. The Operating Agreement is a private contract that defines the internal workings of the LLC.

All owners (members} must be named in this document and clearly define their percentage of ownership and capital contribution.

This dispensary will have one owner and Board of Advisors with Lynnette Shaw as C.E.O. and Chairman of the Board. Ms. Shaw will provide the only source of capital contribution at opening.

7. Provide a copy of a completed State licensing application. You do not have to submit the application to the state until/unless 61 Solinas Road is approved as a Medical Use Only Storefront Retail location (Page 2, Cannabis Business Permit application, checkbox 6).

The California State licensing application submission process requires that one first secure local permits or licenses prior to applying for a State license. The Department of Cannabis Control will not accept or approve a state license without local approval. We are currently unable to complete our CA State licensing application, even though it need not be submitted to the State at the time of our submission of the Fairfax Cannabis Business application, because we are unsure of whether we require a variance re: distance from the Pavillion and Montessori school and therefore do not have the requisite language needed to complete the documents for the State license. Once the above items have been discussed and distances agreed upon at The Planning Commission meeting MAMM will complete and submit state licensing within 72 hours. (See previously submitted attached documents for further information on CA State definitions of both schools and youth centers).

8. Provide information on inventory controls and sales procedures that will be used to prevent diversion of products to illegal markets and access to minors (Page 2, Cannabis Business Permit application, checkbox 7).

We shall adhere to the strict inventory controls and sales procedures mandated by the Department of Cannabis Control (DCC), using the Metre track-and-trace system to monitor the movement of cannabis from seed-to-sale. We shall also be in strict compliance with DCC 15311 in regards to Cannabis Waste Disposal Protocols for staff procedure and regulatory references.

Inventory will be stored in a secure locked area that is monitored 24/7 with limited access by employees. Additionally we will also maintain a digital sign in and sign out document for every employee that enters the locked safe. Per State law, we shall conduct physical inventory reconciliations every 14 days, maintain secure storage within the facility at 61 Solinas Road, and enter all daily transactions into Metre no later than 11 :59 p.m. PT. We shall also adhere to strict discrepancy reporting to ensure no product leaves our facility due to theft. All cannabis products will be tracked using specific RFID tags assigned in Metre.

In terms of the sales procedures we intend to implement they will be much like the methods we used for over two decades at our School Street location, the exception being that we will only have one safe, not two, due to our only pursuing a medical storefront and NOT adult use delivery. In the foyer, our security guard will verify that patients are 18+ with a valid physician's recommendation for medical use before they are even allowed into the main dispensary floor of our facility. (Note: Our security guard will be located just inside the main door of the dispensary in a foyer outside of the dispensary floor itself). Once verified patients will be put into our system, if they are not already members of MAMM with valid credentials, and enter a queue to gain admittance to the actual dispensary floor. Our dispensary shall only serve CA approved products that are sold in child-resistant packaging, with sales limited to 8 oz daily per state law.

High volume orders will be tracked in METRC to ensure that no patient is purchasing more than the State allows and to assess excess consumption. Free samples and on-site consumption will be strictly prohibited as per CA State law.

Having had a dispensary in close proximity to the Little League ballfield has given MAMM over 3 decades of experience in thwarting underage purchase attempts and an innate ability to spot unusual purchase behavior by patients (to date MAMM has not dealt with this problem as our inventory and daily purchase limits are strictly monitored). As always, products shall be pre-packaged, child resistant, tamper evident, and labeled with potency and State legislated THC warnings.

Additionally, we shall have a locked windowless vault to hold all of our inventory when we are not open. MAMM staff are the only ones able to enter the vault, signing in when they enter and exit our vault. Our surveillance system will record all employees entering and exiting the vault and will run continuously 24n in conjunction with our alarm system.

9. Days and hours of operation.

Monday through Sunday, seven days a week from 9am -9pm. 1 O. Number of employees on the busiest shift with an indication of the days and times the busiest shifts are expected to occur.

The busiest times of day are between 12am and 3pm and from 5pm to 8pm. This is based on historical data. During those peak hours 3 and 4 people will be on staff, respectively. Three employees will start their customer-facing shifts at 12am and four will start at 5pm to handle the patients that arrive in the evening.

11. Describe if the business will require or provide employee training beyond that required by the State
*Page 2 of the Cannabis Building Permit Application, checkbox 3 Just as we have for over three decades at our School Street location we shall follow California state law which requires specific training for cannabis dispensary employees. This training is primarily focused on safety, compliance, and responsible sales, although our training has been augmented to best serve our audience of medical patients in Marin. As such, all employees will shadow me for at least one week to learn the ins and outs of communicating with medical patients and also following a specific decision tree (aka "if this than that") when consulting to ensure that all patients are matched with the appropriate products. Most employees who will work at our 61 Solinas Road location have long-term employment histories with MAMM and we are excited to bring back staff who not only know CA State law but also understand the local community and the needs of our patients. Although not required by the State we intend to send one employee per year to Responsible Vendor Training (RVT). This training covers a) State laws and regulations relating to cannabis sales (MAUCRSA); b) Health effects of cannabis use; c) Checking identification and preventing sales to minors and d) Recognizing signs of impairment. All employees will also be trained on site specific security protocols to protect product and maintain compliance.

We will continually train employees as we acquire new products to ensure that medical information is always appropriately matched to our available products. We also plan to continually use diagnostic tools and medical modalities in our training.

Our employees are all over the age of 21 and have undergone background checks and scans as part of their hiring process.

12. Parking, circulation and traffic plan, including truck and delivery parking if applicable, to ensure safe access and minimize traffic congestion; or provide a written explanation of why the requirement for this information does not apply to the business operations of the proposed business
*Page 2 of the Cannabis Building Permit Application, checkbox 4 By locating our dispensary on the commercial corridor of Solinas Road there will be ample on-street parking, including the Parkade just down the Block which we can instruct our patients to use if street parking is not available. However, most of our medical population relies heavily upon public transportation and those within walking distance tend to do just that. We are also in conversations with certain surrounding businesses to have spots dedicated for our use during business hours. However, we would like to understand the need for dedicated parking in the area given that certain businesses with a much greater number of customers than we anticipate, such as Sorella Cafe', have turned their parking lots into extensions of their seating capacity relying exclusively on street parking for their guests. We will request that all product deliveries be done in small, compact trucks that will be easier to park on the street.

13. Describe the business complaint response program in writing. *Page 2 of the Cannabis Building Permit Application, checkbox 5 Three avenues for submitting a complaint and receiving a response will be made available:
1) Email to [email protected]
2) Personally, hand in a complaint to any employee or manager. 3) Speak directly to any employee to have your complaint documented in our system and routed to a manager for a response.

How it works: When a person has a complaint they can come into the store, fill out a complaint form and hand it over to anyone in the store. The manager and/or owner is then contacted immediately to talk directly to the complainant. Complaints can be handed directly to the manager on duty as well.

If the complaint is urgent the manager and/or owner will be contacted immediately to handle it.

And if not so urgent a time of mutual and timely compassionate connection will be arranged.

If the subject of the complaint is an employee on duty or for any other reason, complaints can be emailed directly to Lynnette Shaw at the e-mail listed above.

14. Describe any additional operating procedures demonstrating commitment of the business to safety, community welfare, and community responsiveness *Page 2 of the Cannabis Building Permit Application, checkbox 6 Lynnette Shaw has professional safety and security experience in the cannabis industry dating back three decades when she worked with cannabis pioneer, military Vet and AIDS activist, Denis Peron, in San Francisco. Ms. Shaw also worked closely with Jack Herer, writer and lecturer, on the values of hemp and cannabis and with MAMM since 1996 at her former School Street location here in the Town of Fairfax.

MAMM will do NO manufacturing of product(s) or of anything containing volatile substances at our facility at 61 Solinas. We seek to bolster Community welfare and adhere to all State laws.

All products will be delivered to our facility by licensed distributors in pre-packaged, sealed form per CA State law. We have responded to any and all concerns from the community for over 30 years and do not intend to change any of our operating principles at this point.

We will also be retaining the same security guard(s) who worked at the School Street location to provide continuity of knowledge of our patients and procedures.

Public Benefits (Page 3 of the Cannabis Building Permit Application)

15. Describe in writing anticipated employee wages and benefits.

Budtender wages for longstanding employees will be 35.00/hr and new employees will start at 25/hr. Employee benefits include workers compensation, unemployment insurance and an option for voluntary enrollment in a state health care plan.

16. How will the business benefit patients beyond providing cannabis.

Because we are bringing back employees who have previously worked with our dispensary, Marin Alliance staff have all received our customized training to identify and connect disabilities and symptoms with available inventory and intended relief. This training is done one on one with the owner of MAMM, Lynnette Shaw, and is enhanced when new products are added to our existing inventory.

In addition we have a large consortium of medical specialists to whom we can refer specific patrons, providing additional modalities for their treatments. We also intend to bring in a select group of medical professionals to provide educational seminars for the community. The largest growing percentage of medical cannabis users are women between the ages of 25 - 54 looking for relief for ailments like menopause and insomnia and even breast cancer, with Marin having some of the highest rates in the US. We are in the process of forming the MAMM Advisory Board with doctors, lawyers, and experienced, successful advisors from the cannabis industry, along with allies like Oaksterdam University to bring an even higher level of support/education to our community.

17. Describe planned business programs that will benefit low-income medical patients.

As a well established medical cannabis dispensary Marin Alliance has a long standing policy, of over 30 years, of donating products, where approved by CA state law, to the financially disadvantaged medical patients in our membership. We intend to continue our compassion use program.

18. Describe business practices and/or improvements that will result in the business being sustainable and/or "green".

Marin Alliance buys most of its products from small organic farms located in our general geographic area to minimize the carbon footprint that goes into operating our business.

Whenever possible we use office supplies made from recycled materials and concentrate our purchasing efforts on green and/or ecologically focused businesses.

We also provide on-site recycling for empty cannabis vape cartridges and aluminum cans. We encourage our members not within walking distance to utilize public transportation for which we provide a discount.

19. Describe how the business will participate and support local youth-serving prevention and education programs, and/or adult addiction programs.

Our security guard will not only check patient identification in our foyer, but also regularly walk the perimeter of our dispensary, just as we did at the School Street location. This helps to monitor for youth-targeted behavior and ensure that we are complying with youth safety ordinances (Fairfax 17.110). Additionally we will offer optional informational resources, pamphlets, and sessions on cannabis safety/storage and regulations for residents and patients.

Signage in the waiting area will clearly state age regulations, the need for a medical cannabis license along with a way to obtain one, and be state compliant. Educational flyers and pamphlets on medical cannabis use will be on display in the foyer just inside the front door for patients to take home to their families for educational purposes. Collaboration with Fairfax PD, located just across the street, and the Marin County's Sheriffs Department ensures a rapid response to any concerns, leveraging a history of positive community relations. Marin Alliance for Medical Marijuana (MAMM) ensures client and patient compliance through a formal Code of Conduct, signed by first-time in-store visitors. Promotional materials shall remain understated, always avoiding youth-targeted discounts or bold advertising, surpassing Alcoholic Beverage Control Act standards. Neighboring businesses will benefit from an open communication channel via staff and customer interactions, with ongoing commitments to address issues swiftly and respectfully. Our signage will not display cannabis leaves, and will only display the words "Marin Alliance" on the storefront. Note: MAMM has never had an incident with a youth purchase since we opened 30+ years ago.

Security Plan

20. 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 or indicate in writing that you do not plan to institute measures beyond the minimum State requirements).

Our security plan consists of a security guard at the entrance to the front door, within our foyer. 24/7 security surveillance by cameras will be placed at strategic points within the floorplan as shown in a previously submitted appendix. Additionally a security wall has been planned (see red wall on floorplan blueprint, 9' inside the entrance) which will protect the club from all possible window incursions onto the sales floor. Bars will be installed on the side window with a light fixture placed above it effectively making the entire sales floor a locked box. Three heavy duty security doors will be installed. One located on the interior wall, one on the side entrance and one on the vault entrance.

Alarms will also be installed on all doors and windows. This security plan fulfills all State requirements for a medical only retail cannabis dispensary.

21. Either provide a security camera outside the side-door into 61 Solinas Road or explain why you feel this is unnecessary.

A Camera will be installed outside of the side door and just above the window. *Please see question 20

22. Explain the security camera operations (will they be monitored 24-7 and who will be monitoring them, if they see activity not normally seen around the building who will they contact, etc.).

All cameras will be monitored remotely 24/7 by American Sentry Systems Inc. If an alarm is sounded American Sentry will respond by calling police for a security check on the building and simultaneously place a call to Lynnette Shaw, dispensary owner, and/or Jermayne Scarlett, Chief of Security and Manager.

23. Provide the name, address and phone number of the security firm that will be providing security for the business.

American Sentry Systems Inc.

John Sounden 415 457-2622
P.O. Box 2431 San Rafael 94912
Alarm Lie. ACO 2514: Qualified Manager

24. Provide an outdoor lighting plan for the building indicating the location of existing and proposed exterior lighting fixtures with product cut sheets provided for each type of fixture.

Existing exterior lighting will be used with no other lighting changes anticipated, with the exception of placing a light above the side door that is either the exact same fixture as the existing exterior features or as close as we are able to come. *Page 3 of the originally submitted Cannabis Business Permit application

25. Existing site plan, including scale and graphic scale, north arrow) showing the footprint of all structures on the site and proximity to buildings on immediately adjacent properties to the north and south, paved areas, fence locations, etc.
*Site plan in previously submitted appendix

26. If you are planning to be only owner operated, with no employees other than the security guard, please indicate that in writing.

There will be 3 - 4 employees at the dispensary during business hours. All employees to be hired have worked for MAMM in the past and will meet our staff needs when we are able to open the dispensary.

27. The Planning Commission previously approved the following:

The exterior walls will be repaired and painted white with touches of black edging in order to highlight the Cactus Flower trim. The signage location is the same with the words " Marin Alliance" instead of 'The Shaw General Store".

28. Provide information justifying why Marin Alliance for Medical Marijuana should be granted an exception from Town Code sections 17.110040(C)(1), that prohibits the operation of any medical-use cannabis retailers within a 600-foot radius of a school, or youth center (Business and Professions Code§ 26054). See enclosed Town Council adopted maps.

Marin Alliance has maintained a safe and clean establishment in Fairfax for 30 years with zero incidents concerning youth even with our proximity to the Little League ballfield. We previously provided detailed information regarding State law and the respective definitions of school and youth center. We are also aware that an exception for a 60 foot radius was previously approved by the Town Council for the La Flora cannabis storefront on Kent Avenue.

29. Please sign and return the required permit application pages.

Narrative describing project
Marin Alliance is moving from its old School Street Plaza location to its new location on Sir Francis Drake Blvd.

Marin Alliance has been the leading established medical cannabis club for 27 years at the same location in Fairfax and has a strong relationship with the community. In addition, their depth of presence In the field assures they have the breadth of suppliers necessary to purvey the best locally sourced products.

Being the pioneer of medical cannabis Marin Alliance has always presented the medical foot foremost. With many Low THC products and A knowledgeable longterm staff behind the counter Marin Alliance already has a reputation for offering many alternatives to medical conditions.

Marin Alliance has always carried resources and contact materials for mental health services at hand in the waiting areas of the facility and will do so again in the new larger facility as people enter the lobby,
Being the pioneer of medical cannabis Marin always presented the medical foot foremost. With many Low THC products knowledgeable long term staff behind counter Marin Alliance already has a reputation for offering many alternatives to medical conditions. Marin Alliance has always carried resources and contact materials for mental health services at hand in the waiting areas of the facility, and will do so again in the new Larger facility as people enter the lobby.
- Leading established club
- Proven community engagement
- Locally sourced
- Many low THC products
- Vigorous non-minor sales policy
Marin Alliance Medical Dispensary use permit
Although Lynnette's industry experience is legendary, it is worth going over that she has been cioing this for 30 years in this town without incident. She is going to be self funded with a very minimalist design and layout for medical marijuana only.

Inventory controls and sale procedures will be strict because this is going to be medical use only not accessible to the general
fhe complaint response program and a commitment to community welfare have been well :iocumented in the establishment of the last 30 years. She has always had an open way to commit :ommunicate complaints and has carried medical and psychological health at the forefront of her t>usiness model.

Lynnette Shaw
Fwd: Buffer Zone doc
Apr 7; 2026 at 10:28:28 AM
business email for the Marin Amance .
............ -...... Forwarded message .... -.......... ..

From: PATRECE BRYA
Date: Mon, Apr 6, 2026 at 4:38 PM
Subject: Buffer Zone doc
To: <@~1mo1.rnf:~.g.mgiLi;.Q.m>
MAMM - 4.6.2026

28. Provide information justifying why Marin Alliance for Medical Marijuana should be granted an exception from Town Code sections 17.110040(C){1 ), that prohibits the operation of any medical-use cannabis retailers within a 600-foot radius of a school, or youth center (Business and Professions Code § 26054). See enclosed Town Council adopted maps. (ii This is how CA State !aw defines a Day Care Center ... "As defined by Health and Safety Code Section ·1596.76, this includes any child daycare facility other than a family daycare home. This covers commercial or non-residential facilities that provide non~medical care to children in need of personal services, supervision, or assistance on less than a 24-hour basis."
Based on this definition First Friends Montessori does not moot the State criteria for a day care center because of its location. Per the most recent zoning map for Fairfax, First Friends Montessori is located in RS 7.5. This is a Residential Single-Family Zone. Per CA cannabis State law, a day care center cannot be located in a residential facility or zone. The State of CA considers this to be a "family daycare home."
Regardless of the current operations of First Friends Montessori it is clearly located within a residential facility.

In fact, our investigation has revealed that 86 Mono Avenue (aka First Friends Montessori} is listed as a 3 bedroom, 2 beth resiclence with 24 current residents. First Friends markets itself as a preschool for 24 children. These 24 children are cited as "residents." l!ll CA State law defines a youth center as the following ... "Youth Center: As defined in Health and Safety Code Section 11353.1, this means any public or private facility that is primarily used to host recreational or social activities for minors. This includes:
a. Private youth membership organizations or clubs.
b. Social service teenage club facilities.
c. Video arcades (with ten or more video games/machines). d. Amusement park facilities.
e. Tutoring centers, martial arts studios, dance/gymnastics studios, and indoor playgrounds, particularly if more than 50% of on-site activities are oriented toward children under 18."
f. In California, a yooth center is generally defined 'is a safe, supervised facility, such as a recreational center or gymnasium, intended primarily for persons under 18 years of age. They offer programs for social, athletic, and cultural development, often including tutoring, counseling, job training, and anti-gang services.

Key aspects of youth centers in California include:
• Target Population: Primarily focuses on children and teens ages 6-18, offering activities for youth development.
• Services Provided: Common services include athletic, civic, or cultural activities, as well as specialized programs like vocational counseling and anti-gang prevention. @ Service Scope: Some programs, such as those listed by the California Board of State and Community Corrections (BSCC), operate as both community centers and shelters for runaway, homeless, or neglected youth.
"' Residential Options: In some California counties, such as Monterey, a "youth center" can be a residential facility for juvenile court wards, focusing on individualized treatment and rehabilitation.
e Legal Definition: Under California law (specifically referencing Health and Safety Code 11353.1 ), these centers are often categorized alongside schools and parks as designated safe spaces for minors.

Going further, the Town of Fairfax's own website speaks of the Pavilion in the following way; Through the decades, the Pavilion has seen various activities and events:

G 1920s: Flappers danced the Charleston.
® 1930s: Vaudeville and cabaret groups raised money for Marin County's unemployed. • 1940s: Roller skating to Big Band tunes.
• 1950s-1970s: Hosted sports activities, including a boxing ring and pool tables. • San Francisco Music Scene: Hosted iconic acts like Janis Joplin, Jefferson Airplane, and the Grateful Dead.

The Pavilion now houses the Fairfax Recreation and Community Services Department, the Artist in Residence studio, and the Fairfax Theatre Company. It hosts youth sports, theatrical performances, gymnastics, festivals, and many celebrations, including weddings and birthday parties.

The Town of Fairfax Recreation and Community Services Department offers year-round recreational, educational and social programs, services and events to the residents of Fairfax.

The department consists of, and works with, many different groups including, Park and Recreation Commission, Artist in Residence Collaborative, Age Friendly Faittax, and Chamber of Commerce, among others to help foster and support the unique spirit of Faitfax.

There are many programs and events catered to adults and our Senior population in town that take place in that building. Additionally, it is made available as a rental to anyone within or outside of the Town of Fairfax, with no consideration towards youth or age as a factor for renting the space. This clearly means that youth activities are not exclusive to that location and, frankly, they are not even taken into consideration for use or rental of the facility.

With no youth exclusivity or even the prioritization of youth programs the Pavillion clearly does not meet the State criteria for a youth center.
• At this time Marin Alliance for Medical Marijuana is only seeking a business license for a retail medical cannabis storefront. Therefore, the 600' buffer from a school, preschool or youth center does not apply.

Furthermore, the State of CA allows local jurisdictions to adjust or provide exceptions for altering any of the buffer zones they have created.

To:

Fmn1:
l have the
or
2 9. Days and hours of opernt\on.

Monday through Monday seven days a week from 9am -9prn
The busiest times are 12am-3pm and from 5pm-8pm. During those hours 3 and 4 people will be on staff respectively. 3 starting at ·12am and 4 starting at 5pm. ·! ·1. Describe if the business wii! require or provide empioyee training beyond that required by the State (Page 2 of the Cannabis Building Permit Application, checkbox :3).

Medical info matched to avaiiabie products
Diagnostic tools and modalities

12. Parking, circulation and traffic plan, Including tmck and delivery parking !f applicable, to ensure safe access and minimize traffic congestion; or provide a written explanation of why the requirement for triis Information does not appiy to the business operations of the proposed business {Page 2 of the Cannabis Building Permit Application, checkbox 4).

As no delivery is anticipated for this walk in dispensary parking is expected to consist of the two available out front parking spaces and local available parking. ·! 3. Describe the bl1siness complaint response program in writing (Page 2 of the Cannabis Building Permit Application, checkbox 5).

Two avenues of complaint are available:

Email to
Personally, hand in a complaint to any employee or manager.

When a person has a complaint they can come into the store and fill out a complaint and hand. it over to anyone iu the store. The manager is then contacted immediately to talk directly to the complainant. It can be handed directly to the manager as \vell, If the complaint is nrgent the manager will be contacted immediately to handle it imd if not so urgent a time of mutual connection ·will be arranged.

If subject of the complaint is the employee on duty or for any other reason a complaint can be emailed to Lynnette directly.

Safety- l have 30 year's experience ln security as professional safety personnel Community welfare and responsiveness•we do not manufacture anything such as volatiie substances.

All Pre-packaged and sealed products are the safest form of retaiL We have responded to any and all concerns from the community for 30 years.

PubUc Benefits {Page 3 of the Cannabis Building Permit Application)

15. Describe ln writing anticipated employee wages and benefits.

Wages will start at 35.00/hr
Benefits include workers comp, Unemployment and a state health care plan.

16. How wm the business benefit patients beyond providing cannabis.

Marin Alliance staff all have specific training to identify and connect disabilities and symptoms with available inventory.

In addition we have a large consoi of medical speciaiists to whom we can refer specific patrons, providing additional modalities to their treatments. ·17. Describe planned bus!ness programs that wm benefit low-income med lea! patients.

Marin Alliance has a iong standing policy to donate products to 1b.e :financially disadvantaged
"0 S-.. '! • • ·• '/ • • •• • •« I'' •·1 ' • '! o. uescnoe ous1ness oracucas ancuo.r nnprovemems mat wm resi.rn ff! t 16 nusmess . • ~ . a, p , ; ,,, ,, tiEH)1fl Sl1St8B18Lli9 an0bJr "green· ~ All Office supplies made from recycled, !-vfarin Alliance also buys most products from small organic frums, green/ ecologically focused businesses.

We recycle aluminurn cans and empty cannabis cartriges
In addition, discounts are given for use of public transporiaiion

19. Describe how the business will participate and support local youth-serving prevention and education programs, and/or adult addiction programs.

Educational Flyers and pamphiets nn medical cannabis use will be on display in the foyer just inside the front door for families to take home for educational purposes.

Security Plan

20. Provide a written security p!an and incorporate any applicable information into the plan set. Document compliance with all State regulations and describe security measures that go beyond State regulations or indicate in writing that you do not plan to institute measures beyond the tT1inimum State requirements).

Security Plan. Includes a security guard at entrance to the sales floor door, past the waiting area. And 24/7 security swveillance by cameras as strategic point in the floorplan. Additionally a seGurity wall is planned ( red wall on floorplan blueprint, 9' inside the entrance) which will protect the club from window incursions onto the sales floor. Bars wi!I be installed on the side window making the entire sales floor a locked box.

Three heavy duty security doors will be installed. One located on the interior wall, one on the side entrance and one on the vault entrance
Alarms will also be installed on all doors and windows. 2·1. Eithiar provlde a sec1..sri~J c.arnera outside the side-door into 61 Boiinas Road or explain why you foe! this is unnecessary.

A Camera will be included outside the side door.

28. Provide information justifying why Marin Alliance 'for Medical Marijuana should be granted an exception from Town Code sections "17.·I i0040(C)("t), that prohibits the operation of any medic.al-use cannabis reta!lers within a 600-foot radius of a school, or youth center (Business and Professions Code§ 26054). See enciosed Town Council adopted maps.

Marin Alliance has maintained a safe and clean establishment in Fairfax for 30 years with zero incidents concerning youth .. Additionally an exception for a 60 foot radius was previously approved by this town c:ouncil for the .La.flo.ra cannabis storefront on Kent Avenue.

29. Please sign and retum the required permit application pages. • •p License & Permit I Miscellaneous Commercial Surety Application Business Entity
Name of Entity Date Formed:

Physical Address: Tax.ID#:

Entity Tvoe: LLCCILLP Years in Business
Bond Details
Oblfo:ee Name
Obliflee Address
Tvne of Bond Reauested I Bond Limit I
License# (if annlicable) I Effective Date I
Ownership/Indemnitors (all owners - use additional pages if needed) Name SSN#orFEIN
Physical Address Years of Experience
Spouse Name Spouse SSN#
Ownershio Pecentfille !Phone Number I Email Address
Name SSN#orFEIN
Physical Address Years of Experience
SoouseName Soouse SSN#
Ownership Pecentage I Phone Number I Email Address
General Questions
Does the Applicant have any other Surety bonds in force with Skyward Speciality Insurance? ..................... .

Does the Applicant have any other Surety bonds in force with any other Surety company? ........................ .

Has there ever been a claim or legal action against any bond executed on your behalf? ............................. .

Do you or any of your companies have any pending lawsuits, unsatisfied judgments or liens? ..................... .

Have you or any of your companies declared bankruptcy or become insolvent? ...................................... .

Have you or any of your companies had any legal or administrative proceedings resulting in disciplinary action? Have you ever been convicted of a felony? .................................................................................. . 0No0ves
~~[JY~:: No es
No es
No Yes
0No0Yes
By Providing 1he above information, you consent to Surety and Agencies auihorized by Surety to order a credit report to be used in connection with 1he underwriting of a surely bond(s). It is a crime to knowingly provide fabe, incomplete or misleading information to an insurance company for 1he purpose of defrauding the company, Penalties may indude fines, imprisonment and denial of benefits.

This General indemnity Agreement ( "Agreemenr'} is executed by the undersigned indemnilors ("lndemnilors"), in favor of Great Midwest Insurance Company, and any other company that is part of or added lo the Skyward Specially Insurance Group, Inc. for which surely business is underwriffen by Skyward Surely ("Surety") with respect to any surely bond, or other express or implied obligation of suretyship ("Bonds") requested from and/or issued by Surely before, on, or after the date of this Agreement, for: any of fhe lndemnitors; (ii) any of fhe lndemnitors' present or future subsidiaries or affiliates, and/or (iii) any other entity or person in response to a request from any parly described in items (i) or (ii) (including requests from their agents, brokers or producers); and as to all of the foregoing, whether they act alone or in joint venture with others ("Principals"). lndemnitors understand 1hat Surely requires this Agreement as part of the consideration for Surety's execution of the Bonds or Surety's refraining from canceling the Bonds. By signing this Agreement, lndemnitors affirm that aU information provided in this application is true and correct, and lndemnitors agree, jointly and severally, for themselves, their successors and assigns, as follows:

1. Future/ Additional Bonds: While this Application provides for the input of details regarding a specific bond request by the Applicant/Principal and lndemnitors, it is acknowledged that future, additional bonds may be requested and issued in reliance upon this Application/ Agreement, and the Applicant/Principal and lndemnitors hereby agree that the terms, conditions, and provisions of this Agreement set forth herein apply to any and all such bonds.

2. PREMIUMS AND BONDS: To pay Surety the premium for Bonds and for all subsequent renewals, extensions, or modifications thereof. Each lndemnilor affirms that it is materially and beneficially interested in the issuance of each of the Bonds for each of the Principals. Surely may decline to issue any Bonds and cancel, withdraw, or procure its release from the Bonds at any time. Surely may consent to changes in any Bonds and/or in the contracts covered by any Bonds, or refuse so to assent, without notice to any of the undersigned, which shall not discharge or in any way affect the liability of the undersigned.

3. CLAIMS AND SETTLEMENTS: lndemnitors waive notice of any claim or demand against the Bonds. Surety has the right, at its option and sole discretion, to deny, adjust, settle or compromise

4. INDEMNITY: lndemnttors shall exonerate and indemnify Surely from and against any and all losses, costs, and damages of whatsoever kind or nature ("Loss"}, including legal and consultant fees and expenses, court costs, and interest, which Surety may at any time sustain or incur by reason of: the request lo execute, procure, or deliver any Bonds; or the executing, procuring or delivering of any Bonds; or !he renewal or continuation !hereof; or from making any investigation on account thereof; or any payment thereunder; or as a resuh of prosecuting or defending any action brought in connection therewith, obtaining a release therefrom, or recovering or attempting to recover any salvage in connection therewith; or by reason of the failure of fhe Principals and/or lndemnitors to perform or comply with the terms of this Agreement or any other agreement with or in favor of the Surety by any lndemnitors and/or Principals ("Other Agreements"); or in 1he enforcement of the lerms of this Agreement or any Other Agreements. cei Skvw,.rrl Sner.i,.ltv Insurance - Rev. 04/2022 Paae 1 of2 NI
• If requesting a Renewal License Fee Waiver, enter the gross revenue for the current 12-month license period:
*Enter the business's gross revenue during the first year of operation (for new applicants) or during the 12-month license period {for renewals). Gross revenue must be $5 million or less per business to qualify for a fee waiver. Renewal applicants must include tax documentation verifying their gross revenue in their email to the DCC.

Fee Deferral(s) - Fill out all applicable fields below and include all application or license number(s) for deferrals (attach additional pages as necessary). Note: All license fees must be paid in full no later than six months after the issuance or renewal of a license.

Application or license Type Expiration Date local Jurisdiction Initial or License# (existing licenses) Renewal* .
24111f-0005f ~ ~
Ca.A Fa,~x t" I_~ !.1 ~ A-;:. _ ¼rl vvlvv1. _,, ,..,
Select One
Select One
Select One
Select One
Select One
Select One
Select One
Select One
Select One
*Indicate whether the deferral is requested for an initial license fee or a renewal fee Attestation
With this signature, I attest that I am authorized to act on behalf of the commercial cannabis business requesting a fee relief. I also attest that the qualified equity applicant(s) or llcensee(s), either individually or in combination, own no less than 50 percent of the commercial cannabis business that is applying for licensure or is licensed.

Applicant/licensee name: Ly l1 ~ l-f. SJ.a. v; /
Applicant /licensee signature: ) I ---• /J1/J. 'IF I ~
Department of
Cannabis Control
I _ ______,,
Equity Fee Waiver Request Form
Form DCC-1601 I Revision Date: 01.01.2023 2
https://vvtvY,;.ziHow.c&n/how-much-.is-rny-home-worth/ 2/2 p License & Permit I Miscellaneous Commercial Surety Application Business E
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Years in Business
Bond Details
Obliaee Name
Obfoiee Address
Tvne of Bond Reauested I Bond Limit I
License# (if annlicable) I Effective Date I
Ownership/Indemnitors (all owners-use additional pages if needed) Name SSN#orFEIN
Physical Address Years of Exoerience
Spouse Name Soouse SSN#
Ownership Pecentage !Phone Number I Email Address
Name SSN#orFEIN
Physical Address Years of Experience
Spouse Name Soouse SSN#
Ownership Pecentage I Phone Number I Email Address
General Questions
Does the Applicant have any other Surety bonds in force with Skyward Speciality Insurance? ..................... . 0No[]yes Does the Applicant have any other Surety bonds in force with any other Surety company? ........................ .

Has there ever been a claim or legal action against any bond executed on your behalf? ............................. .

Do you or any of your companies have any pending lawsuits, unsatisfied judgments or liens? ..................... .

Have you or any of your companies declared banlcruptcy or become insolvent? ...................................... .

Have you or any of your companies had any legal or administrative proceedings resulting in disciplinary action? Have you ever been convicted of a felony? .................................................................................. . □~~~:: No es
No es
No es
0No0Yes
By Providing the above information, you consent to Surety and Agencies authorized by Surety to order a credit report to be used in connection with the underwriting of a surety bond(s). It is a c:rime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include fines, imprisonment and denial of benefits.

This General Indemnity Agreement ( "Agreement") is executed by !he undersigned indemnitors ("lndemnitors"), in favor of Great Midwest Insurance Company, and any other company !hat is part of or added to the Skyward Specialty Insurance Group, Inc. for which surety business is underwritten by Skyward Surety ("Surety") with respect to any surety bond, or other express or implied obligation of suretyship ("Bonds") requested from and/or issued by Surely before, on, or alier !he date of !his Agreement, for: any of the lndemnitors; (ii) any of !he lndemnitors' present or future subsidiaries or affiliates, and/or (iii) any other entity or person in response lo a request from any party described in items (i) or (ii) (including requests from lheir agents, brokers or producers); and as to all of !he foregoing, whether they ad alone or in joint venture with olhers ("Principals"). lndemnitors understand thet Surety requires this Agreement as part of the consideration for Surety's execution of the Bonds or Surety's refraining from canceling the Bonds. By signing this Agreement, lndemnitors affirm thet all information provided in this application is true and correct, and lndemnitors agree, jointly and severally, for themselves, thoir successors and assigns, as follows:

1. Future/ Additional Bonds: While !his Application provides for the inpul of details regarding a specific bond request by the Applicant/Principal and lndemnitors, it is acknowledged that future, additional bonds may be requested and issued in reliance upon !his Application/Agreement, and the Applicant/Principal and lndemnitors hereby agree that lhe terms, conditions, and provisions of !his Agreement set forth herein apply to any and all such bonds.

2. PREMIUMS AND BONDS: To pay Surety !he premium for Bonds and for all subsequent renewals, extensions, or modifications lhereof. Each lndemnitor affirms that it is materially and beneficially interesled in !he issuance of each of !he Bonds for each of the Principals. Surety may decline to issue any Bonds and cancel, withdraw, or procure its release from !he Bonds at any time. Surety may consent to changes in any Bonds and/or in the contracts covered by any Bonds, or refuse so to assent, without notice to any of the undersigned, which shall not discharge or in any way affect !he liability of the undersigned.

3. CLAIMS AND SETTLEMENTS: lndemnitors waive notice of any claim or demand against the Bonds. Surety has !he right, at its option and sole discretion, to deny, adjust, settle or compromise

4. INDEMNl1Y: lndemnitors shall exonerate and indemnify Surety from and againsl any and all losses, costs, and damages of whatsoever kind or nature ("Loss"), including legal and consultant fees and expenses, court costs, and interest, which Surety may at any time sustain or incur by reason of: the request to execute, procure, or deliver any Bonds; or the executing, procuring or delivering of any Bonds; or !he renewal or continuation !hereof; or from making any investigation on account thereof; or any payment thereunder; or as a result of prosecuting or defending any action brought in connection !herewith, obtaining a release therefrom, or recovering or attempting to recover any salvage in connection therewith; or by reason of !he failure of the Principals and/or lndemnitors to perform or comply wilh the terms of this Agreement or any other agreement with or in favor of lhe Surety by any lndemnitors and/or Principals ("Other Agreemenls"); or in the enforcement of the terms of this Agreement or any Other Agreements.

Paae 1 of2
hrtps://online.bec.ca.gov/BCOCap/CapEdit.asp;;?stepNumber=48q,ageNMmber=l&currentStep=2&currentPage=O&Ivfoclule=Llcenses&isRenewal=N&isFromShoppi... 112 https://onl;ne.bcc.ca.govfBCC/Cap/CapEdit.aspx?stepNumber=4-&pageNurnber=l&c1.mentStep=2&currentPage=O&Module=Licenses&isRenewa!=N&isFromShoppi... 2/2 fli"$t last
Name Name
Legal Busi:n~s
Nam®
Phone Em~i! Date
Number Address of
Tax ID
Number
Bh1:h
First
Name
Govemmeritissued
Identification
Last
Name
Governmentissued
identi'fication
N1umber
Email
Address
ii3
Eh.1siness Name
https://o;;line.lx:c.ca.gov/BCCJCap/CapEditaspx?stepNumbe,-=3&pageNumber=2&currenrStep==l&currentPage=l&l\.fodule==LicenseslcisRenewald>J&isFromShoppi... 2/3 1 Entity
Name Structure
Phone
Number
https://online.bcc.ca.gov /BCC/Cap/CapEilit.asp:z:?stepl\-!u .. rnbe~&pageNumber=l &currentStep=l &currentPage=0&1\1orlt!le=Licenses&isRenei.:val=N&isFromShopp-i... 113 Title
First
Name
Phone
Number Email Address Address Add
Line 1 Lin.e
https:J/cnline.h.cc4ca.goY/BCC/Cap/CapEclit.aspx?step1\Iiliuber=3&.pagef.,Ju:mber=1&cu:rrentStep=1&curr.entPage=O&Modllie=Licenses&isRene-:-~vru=N&isFromShoppi... 2/3 Department of
Cannabis Control
Qann•bis - Ret.ller AppUcatk>n
2 Ovmersh!p and
Contacts
-
Arf> you a k,caliy verified $Quity ~ppHcant <;r licensee?:

W,:>ul« yQtl iike to apply for Equity Fee ReUef?i
*By cheeking the following box, l und,;m,tand that: i) lam providing my t-:l€ctronk:
slgnatwt:! to this Equrty f e,e Relief reque,st. 2) With this electronic signature, l am attestlog that l am authorized to act NI behalf of the commen.:Jal •~t.mnabls business applyin9 fot Eq~ity Fee~ RnHef. lam al~H:i attesting that the qualified equity appHcant(~} or !ken.see(s), either individually or in c:ornbinatio.n, own no less than 50 p'lf(':.ent of tha t.::ornrnt:rc1.~l cannabis_ business that is applying for Hcensure or is licensed:
@Yes
No
1!)Yes
No
ei
6 7
https://online.hcc.e,2.gGvfBCC/Cap/CapEditaspx?stepNumb-er=2&pageNumher=4&cum:ntStep=O&currentPage==3&Mooule=Llcenses&isRenewal=N&isFromShoppi... 1/2 https:/ioclme.bcc.ca.gov/BCC/Cap/CapEdit.aspx?stepNumber=2&pageNumber=3&currentStep=O&cUITentPage=2&ivi:cdule=Llcenses&isRenewal=N&isFromShoppi... 2/3 I Sta. te of California., Department of Cannabis Control Equity Fee Relief Request Form
Cannabis equity businesses in California may be eligible for license fee relief from the Department of Cannabis Control (DCC) if they meet certain criteria.

Use this form to request a fee waiver, fee deferral(s), or both. DCC will process fee relief requests in the order in which the license application or renewal is approved. For fee relief on a license renewal, the request must be submitted at least 60 days prior to the expiration of the license.

Description of Fee Relief
A Fee Waiver provides an opportunity for qualified and approved equity applicants/licensees to have either their initial or renewal license fee waived.
• Note: equity fee waivers do not apply to application fees, and businesses with more than one license can only obtain a fee waiver for one license per calendar year.

A Fee Deferral provides qualified and approved equity applicants/licensees an additional six months to pay their initial or renewal license fees. Businesses with more than one license can request deferrals on each license within the same calendar year.
• Note: All deferrals must be paid in full no later than six months after the issuance or renewal of a license. Businesses with more than one license can request a deferral one time on each license within the same calendar year.

Business Information
Legal business name: L- <;f-W,1.)1~01.-() I"' q co, LLC d_ bo.-4 ar/ Yl ~ /1 ancz fvr- Ue~ 1 C' Han I IJ~~a IJ
Type of Request (Select all that apply)
~ Fee Waiver - Fill out all applicable fields below and include preferred application or license number for one waiver.
license fee waiver is requested for: 0 Initial license fee D Renewal fee Application or license number: 2&-t"M'"P - OCIJ 8( ½a
License type: Select one
Locai jurisdiction: Fa.\ rfu. 'f
Gross revenue*:

Expiration date (for existing licenses):
• If requesting an Initial License Fee Waiver, enter the estimated gross revenue for the business' first year of operations:

Department of
Cannabis Control CALIFORNIA
Equity Fee Relief Request Form
Form DCC-1601 I Revision Date: 01.01.2023 1
Equity Ownership Information
Identify each owner of the cannabis business who meets the equity criteria (each "equity owner''). At least 50% of the business must be owned by individuals who meet the equity criteria. You can download an additional equity ownership form if you need to report more owners. owner name: Lyn ntfk, '/1. Sb<? cJ Ownership%: / 00 /4
Job title: 6WnBY"° Email: ~q,nM d.· /J Phone: _.._
qm~ Equity eligibility: U 1....,.(,1 rr-
~ Owner arrest
0 Owner conviction
D Income
Number of earners in the household:

D Disproportionately impacted county
County name:

And one of the following
D Unemployment and poverty census tract
D Immediate family member arrest
D Immediate family member conviction
Is this owner a locally verified equity applicant or licensee? LZJ.Yes* ONo** Owner name: Ownership %:

Job title: Email: Phone:

Equity eligibility:

D Owner arrest
D Owner conviction
D Income
Number of earners in the household:

D Disproportionately impacted county
County name:

And one of the following
D Unemployment and poverty census tract
D Immediate family member arrest
D Immediate family member conviction
Is this owner a locally verified equity applicant or licensee? DYes* Equity Fee Waiver Request Form
Form DCC-1601 I Revision Date: 01.01.2023 3
State of California, Department of Cannabis Control I Labor Peace Agreement Notarized Statement An applicant for a commercial cannabis business that has not already entered into a labor peace agreement may use this form to complete the notarized statement required by Business and Professions Code ~ectiofL2(t05+~5l. This statement must be signed by on owner who is identified and disclosed on the license application.

Business Information ' £ V Ji , ,
Legal Business Name: f"{arrri Alif ar(f_j !Or ~~J1eatl'J~hli:"ii~~/ricense#:

Premises Address: & ( "Bo! ()10-.S road- \ Fa.1 rfrr,,,,. \ C-A q 1-( co D ' t
Labor Peace Agreement Statement
As cm 0\.'1/ner of the business named above, I affirm the following (select ONE):

D 10+ employees: The applicant will enter into and abide by the terms of a labor peace agreement.
i>?J Om9 employees: The applicant will enter into and abide by the terms of a labor peace . agreement withi~ days of em~~~~ing ~th employee. '-.· '° ,_, ~ s,gnatureofOwner:~ ~~ Date: Zjc,y.,t,OL(O
Name of Owner: ly /I/ h eTfe_ lf., S/,;q LU
' Notary Information
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validi of that document.

State of: J'I J vt:? f? t ft County of: If I N -
This record was signed before me on: l'-e,f3~-,,, :;.<i,1.0J. b by. hj,J f,/ e.-tf e /J!. :i h i:;. ,;/ proved to me on the basis of satisfactory evidence to be the person who appeared before me.

Sil.VER Ci.,Ui<:

Not.ry Public • C1llf11rni<1
N.riR Ceu~t;i
C@rrmls,ion N 2521%3
t:@l'lllt, 1:;ipiri;>s Jy;; 1@, 202i
(Notary Seal/Stamp)
Signature of Notary: fJ~ Cf2o4
.,,,~l!,,.N,;111:~::~,,~~~~ ;i; Lltt~ 1 \ ✓ b I\
SILVER CLARK f
No1~ry Pulillic - California !
Marin County ~
Commissio,1 II 252@%8 -
Comm. Expires Jun 1i, 202!.I
$This form is optional. If _you would prefer not to use this form, you can pro1Jide a separate statement containing the required affirmation, owner's signature, and notarization. \ Deportment of
J C"1flflt1bi<i Control C.l\i.l FORi\l IA
labor Peace Agreement Notarized Statement
Form DCC-9205 (Revised 6/12/24)
see Attached Certi'ficate
1 , ..... "~.......,. .•• ·1

SILVER CLARK
.. 7 Notari Pub!lc • California : i - Marin County ~
Commission # 2520968 -
My Comm. Expires Jun 18, 2029
Parking
Parking is being worked on. There are two parking spaces behind the building and the possibility of renting parking spaces in the parking lot adjacent two Marin Alliance. management is working on those contracts now

ATTACHMENT F
Resolution No. 2026-09
A Resolution of the Fairfax Planning Commission Scoring an Application for a Cannabis Business Permit to Operate a Medical Use Cannabis Storefront Proposed to be Located at 61 Bolinas Road
WHEREAS, the Town of Fairfax received an application pursuant to Chapters 5. 56 and 17 .11 0 of the Fairfax Town Code (FTC) for a medical cannabis storefront retailer permit at 61 Solinas Road, from Marin Alliance for Medical Marijuana/L.ShawHolding Company LLC, on February 23, 2026, with final submittal from applicant's representative on May 4, 2026; and WHEREAS, the Commission has reviewed the project based on the information provided in the applicant's supplemental application information.

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 15303(c).

WHEREAS, the Planning Commission held a duly noticed Public Hearing on May 21, 2026, at which time all interested parties were given a full opportunity to be heard and to present evidence.

NOW, THEREFORE BE IT RESOLVED, the Planning Commission of the Town of Fairfax hereby finds and determines as follows:

The Planning Commission has determined that using the criteria from Town Council Resolution 19-34, and the applicable provisions from the Town Code, the application has achieved a total score of 83, as follows:

Business Qualifications and Business Plan
Quality of Operating Plan
Public Benefits
Total Score
30 26
27 83
Pursuant to FTC§ 5.56.070(8)(1 }, and the Scoring Criteria, the Planning Commission hereby forwards the Marin Alliance for Medical Marijuana application to the Town Council for consideration being the only dispensary application received during the open application period.

The foregoing resolution was adopted at a regular meeting of the Planning Commission held in said the Town of Fairfax, on the 21st of May, 2026, by the following vote:

AYES: Kelly, Cardozo, Jansen, Petrone, Newton, Chair Swift NOES: None
ABSENT: Feffer
61 bolinas.reso.5-2 t-26.no recommendations.pc.fnl.docx Chair Cindy Swift
r, AICP,
ing and Building Services
2 ATTACHMENT G
Esteemed Town of Fairfax, Town Councilmembers, Planning Commissioners:

Lynnette Shaw recently asked me to send you a message in support for her various applications, which I am more than happy to do. As a Marin County native, I have known Lynnette for more than thirty years and consider her to be a great, positive presence in the community, in addition to being an enlightened and courageous individual. I would hope that she receives every courtesy and consideration in relocating her dispensary, forced through no choice of her own to move from her previous location but still desiring to remain in Fairfax.

Thank you and long live Fairfax!
Respectfully yours,
John Kress
(former Marin County Supervisor, 1995-2003)
Linda Neal
From:

Sent:

To:

Subject:

Dear Planning Committee,
Stacey J Anderson <[email protected]> Saturday, May 16, 2026 7:50 AM Planning Department
Cannabis dispensary at 61 Bolinas
Locating a cannabis dispensary at 61 Solinas Rd is prohibited by California law.

The law states:

California Health and Safety Code section 11362. 768
(b) No medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider who possesses, cultivates, or distributes medicinal cannabis pursuant to this article shall be located within a 600-foot radius of a school. (c) The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school to the closest property line of the lot on which the medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider is to be located without regard to intervening structures. (f) Nothing in this section shall prohibit a city, county, or city and county from adopting ordinances or policies that further restrict the location or establishment of a medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider.
61 Solinas is within the 600-foot radius of First Friends Preschool, that has been in operation for 23 years, at 86 Mono Ave.

Thank you,
Stacey J. Anderson, PhD
Fairfax resident since 2002
1 Linda Neal
From:

Sent:

To:

Subject:

Steph Harty <[email protected]>
Sunday, May 17, 2026 11 :27 AM
Planning Department Proposed dispensary at 61 Bolinas Road Dear Members of the Planning Commission,
I am writing regarding the proposed cannabis dispensary seeking approval to operate near The lndie Alley.

I want to begin by saying that I am not opposed to legal cannabis businesses in general. I understand they are a legitimate part of California commerce and can operate successfully in appropriate locations.

My concern is specifically about the suitability of this location and whether it is compatible with the surrounding neighborhood and existing businesses.

This area of downtown has a distinct character that includes small businesses, creative spaces, pedestrian activity, and mixed-use properties. Because of the close proximity of businesses and residences in this part of town, I believe it is important to carefully consider how a cannabis dispensary may affect the overall atmosphere and long-term balance of the neighborhood.

I am also concerned about the operational demands commonly associated with dispensaries, including security presence, delivery activity, customer traffic, and other business operations that may not be the best fit for this particular location.

In addition, the surrounding area includes businesses and residential spaces in very close proximity to one another. I believe that decisions involving cannabis permits should take into account the unique characteristics and limitations of the immediate neighborhood, especially in areas with concentrated pedestrian use and mixed commercial and residential occupancy.

While I respect the applicant's right to pursue their business, I respectfully ask the Commission to carefully evaluate whether this location is appropriate and fully compatible with the surrounding area before granting approval.

Thank you for your time, consideration, and service to the community.

Sincerely, Stephanie Harty
Owner of The lndie Alley
1 From: amy mautz <:1111vcc1),.>:·111: _;: 1,1· .. :::; ,1> Sent: Monday, May 18, 2026 4:46:28 PM
To: Planning Department <:-::;JcL:rlii :::!(a.1(tN1nofi::1ir:'2i: c::-1.q:r/> Cc: Fairfax Town Council <:":1iri'1<i:::,;vn1c,junci!:-Oi);:,11N:1,Jii\1iri:::1;<c"1.c10,i> Subject: Planning Commission Comment - 61 Solinas Road Cannabis Business Permit Dear Members of the Planning Commission,
My name is Amy Mautz, I am the owner of Conifer at 31 Solinas Road in downtown Fairfax. I have been open in my current location for five years.

I met with Lynette and a group of neighbors and business owners when she first acquired 61 Solinas Road.

At that time we all expressed how we do not feel like 61 Solinas road is the right location for a medical marijuana dispensary based on the impact it will have on our Main Street, parking, and the big part for me is the fact that it will feel like a closed shop again, only accessible to a small group of customers seeking medical marijuana. This is the heart of our business district filled with restaurants and shops where families with small children and teenagers come to meet, shop, eat and hang out. I was recently having a picnic in Solinas Park with my husband and 13 year old son and we watched as family after family strolled through the park and down Solinas road with Shaw's General Store, 61 Solinas Road, as the focal point of the street from this vantage point.

We are not against Lynette or her business but feel like it needs to be in a location away from our Main Street that is filled with families and young children.

I do not want this beautiful retail space to again be a store that feels closed. The crystal shop was a closed shop and now Shaw's is closed and if it were to become the dispensary it would be closed to the general public. We need more shops and restaurants where families, kids and teens can go! Parking is also an issue, there are no dedicated parking places for this location and if she is offering delivery there will be multiple employees parking on the street in addition to customers, crowding the limited parking through the day and evening.

The new dispensary La Flor is in an ideal location, away from the Main Street but still on a main coridor It is also my understanding that the dispensary needs to be a certain distance from youth centers and day cares. My son and his friends use the Pavilion for basketball throughout the year, have events there and birthday parties making it a hub for kid and teen activity.

Thank you for your time and hearing my opinion on this matter and for your careful consideration on whether the location is appropriate for a medical marijuana dispensary Sincerely,
Amy Mautz / Conifer Owner/ Parent/ Community member
Linda Neal
From:

Sent:

To:

Subject:

Attachments:

Vanessa Loira < [email protected]>
Tuesday, May 19, 2026 10:14 PM
Planning Department
61 Solinas Road Application 26-04
SHAW.TAX LIENS.pdf
In regards to the application, the applicant is insolvent- see attached liens filed at the County of Marin Recorder. These are public documents The 6 liens as to 940 /941 totaling over $175,000 indicate that she did not pay the employees withholding of taxes. That is she deducted taxes from the employees pay checks and kept the deduction instead of sending the withheld taxes to the IRS. It is not lawful to use the employees withheld taxes for a business. It indicates that she can not pay the wages. In addition she did not pay the CDFTA the sales taxes of over $107,000. The Town of Fairfax must condone such action
What the Town should do is amend the bylaw to permit recreational cannabis sales at the new dispensary . That dispensary will also supply all the needed medicinal cannabis .

The U.S. just reclassified cannabis so Fairfax as a leader should be the same as other towns in the Bay area and change its by law to permit recreational cannabis with medicinal cannabis. A financially strong cannabis dispensary adds to sales tax revenue and maintains a pleasant and safe dispensary that pays property taxes.

The town does not need another dispensary but should support the one that it has. 1 l\ ,s:c~
) Recording Reauested By Internal Revenue
Service. When recorded mail 10: 1111111111111~111111mm11 II llll lffll lllll lllllWII 2024-0006271

INTERNAL REVENUE SERVICE
PO BOX 145595, STOP 8420G
CINCINNATI, OH 45250·5585
Recorded
OfflClal Records
County or
Matin

SHELLY SCOTT
AS919Q/'• R4cordet
CountyOelt
Rec Fee 14.00
lN
08:59AM l4-Mar•202A Pqc 1 of' 1
Form 668 (Y)(c)
!Rev. Febru«ry 20041
For Optional Use by Recording Office
2 0 7 4 Department of the Treasury • Internal Revenue Service Notice of Federal Tax Uen
Area: SMALL BUSINESS/SELF EMPLOYED A.REA #6 Serial Number Lien Unit Phone: (8001 913-6050 488626224
As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are ,tvlng a notice that: caxes (lncludlna Interest and penalties) have been assessed aplnst: the followlng•named taxpayer. We have made a demand for payment of this liability, buc It remains unpaid. Therefore, Chere is a lien In favor of the United States on all property and rights to property belonging to chis taxpayer for the amount of these taxes, and additional penalties, Interest, and coses that may accrue.

Name of Taxpayer LYNNETTE SHAW
Residence 132 SCENIC RD
-FAIRFAX, CA 94930
I IMPORTANJ RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date I given In column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(aJ.

Tax Perfod Dace of Lase Da~ for Uns».akl Balance Kind of Tax Ending ldendfylng Number Assessment Reff ng of Assessment (a) Cb) (c) Cd) (e) (f)
1040 12/31/2012 XXX-XX-3321 11/14/2016 12/14/2026 19493.17 1040 12/31/2017 XXX-XX-3321 01/07/2019 02/06/2029 36278.49 1040 12/31/2018 XXX-XX-3321 03/08/2021 04/07/2031 1040 12/31/2018 XXX-XX-3321 06/06/2022 07/06/2032 58558.56 1040 12/31/2020 XXX·XX-3321 11/27/2023 12/27/2033 25796.78 1040 12/31/2021 XXX-XX-3321 11/27/2023 12/27/2033 49645.06 1040 12/31/2022 XXX-XX-3321 01/08/2024 02/07/2034 104397.27 Place of Filing

COUNTY RECORDER
Marin COUNTY Total $ 294169.33
SAN RAFAEL, CA 94903
This notice was prepared and signed at ____ O .... A;..;..K;..;.L;;;..;.AN;;.;;;;...=D...,__ __ C;..;..A~------------ • on this, the 01st day of March . 2024.

Signature Title ACTING MANAGER 26-12-2507
for PAULK YOSHIMOTO (408) 283-1811
!NOTE; Certificate of officer authorized by law to teka acknowledgment I& not essential to the validity of Notice of Federal Tax lien Rev. Aul. 71-466, 1971 - 2 C.B. 4091
Part t • Kepc By Rec:ordln1 Office Form 668(Y)(c) (Rev. 2·20041 CAT. NO 60025X l.

Recor.ding Requested Sy Internal Revenue
Service. When recorded mail to:
'.5.',NTERNAL REVENUE $ERV.ICE
m1m11111mi IWIIII IIN 11111wm111 JU 1111 IIWI
2024-0012545
PO BOX 145595, STOP 8420G
CINCINNATI, OH 45250-5585
Reconfcd
omc:1111 Records
0:M.cntvor
Marin

SHELLY SOOTT
AsNtsior>Recotd,r
O:M.cntv Oerir
07:27AM02•1\11ay-2024
For Optional Use by Recording Office
Form 668 (Y)(c) 2 0 7 4 Department of the Treasury • Internal Revenue Service (Rev. February 20041 Notice of Federal Tax Uen
Area: SMALL BUSINESS/SELF EMPLPYED AREA #6 Serial Number Lien Unit Phone: (8001 913-6050 492016324
lll!C Pee 14.00
As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are lf'vln1 a notice that taxes (including Interest and penalties) have been assessed aralnst the followln1-named taxpayer. We have made a demand for payment of chis llablllcy, buc It remains unpaid. Therefore, there Is a Hen In favor of the United States on all propercy and rlahts co propercy belonging to this taxpayer for the amount of these taxes, and addlclonal penalties, Interest, and costs that may accrue.

Name of Taxpayer LYNNETTE SHAW
Residence
• MARIN ALLIANCE FOR MEDICAL MARIJUAN
6 SCHOOL ST STE 210
FAIRFAX CA 94930-1676
I IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date I given in column (el, this notice shall, on the day following such date, operate as a certificate of release as-defined in IRC 6325(al.

Tax Period
Identifying Number
Dace of Last Dair. for un,ald Balance. Kind of Tax Ending Assessment Ren ng of Assessment ·ca) .Cb) (c) Cd) (e) en 940 12/31/2020 XX-XXX3719 02/22/2021 03/24/2031 494.07
940 i2/31/2021 XX-XXX3719 0·2121/2022 03/22/2032 69.55
941' 06/30/2020 XX-XXX3719 08/24/2020 09/23/2'030 9224.33 941 09/30/2020 XX-XXX37l9 11/23/2020 12/23/2030 '20640.04 941 12/31/2020 XX-XXX3719 02/22/2021 03/24/2031 12682.51 941 03/;31/2021 XX-XXX3719 05/24/2021 06/23/2031 24468.07 941 06/30/2021 XX-XXX3719 08/23/2021 09/22/2031 27961.68 941 09/30/2021 XX-XXX3719 11/22/2021 12/22/2031 19646.40 941 12/31/2021 XX-XXX3719 02/28/2022 03/30/2032 10054.92 941 03/31/2022 XX-XXX3719 05/23/2022 06/22/2032 2393.85 941 06/30/2022 . XX-XXX3719 12/05/2022 01/04/293~ 876.49 941 12/31/2022 XX-XXX3·719 02/20/2023 03/22/2033 354.8. 68 941 03/31/2023 XX-XXX3719 05/22/2023 06/21/2033 3039.84 941 09/30/2023 XX-XXX3719 01/08/2024 02/07 /20·34 2506.97 941 12/31/2023 XX-XXX3719 03/25/2024 04/24/2034 2609.75 Place of Filing

COUNTY RECORDER
Marin COUNTY Total $ 140217.15
SAN RAFAEL, CA 94903
This ootice was prepared and signed at _____ O;.;.AK=LAND=.;.;;;;.J''--C~A~. ___________ _ the • 18th day of April , 2024 ..
, on this,
Signature Title ACTING MANAGER 26-12-2507
for PAUL K·YOSHIMOTO (408) 283-1811
(NOTE: Certificate of officer euthorlzed by law to take acknowledgment Is not essential to the validity of Notice of Federal Ta>< lien Rev. Aul. 71-466, 1971 • 2 C.B. 4091 Form 668{Y)(c) (Rev. 2-2004) Pare 1 • Kept By Recording OrRce CAT. NO 60025X
(]rt-I Recording Requested By Internal Revenue V ~rvice. When recorded mail to:
5 INTERNAL REVENUE SERVICE
PO BOX 145596, STOP 8420G
CINCINNATI, OH 45250-5585
1111111111111111111111
2024-0028028
Fonn 668 (Y)(c)
(Rev. February 20041
RflCOtded
OfTldlll RIICOl'ds
Ccultyol
Milrit,

SHELLY SCOTT
A-.:,r-Rec:onle,-
Count.y 0.-k
07:46AM lS.Oc:11-~
For Optional Use by Recording Office
4188 Department of the Treasury• Internal Revenue Service Notice of Federal Tax Lien
Area: SMALL BUSINESS/SELF EMPLOYED AREA #6 Serial Number Lien Unit Phone: (800) 913•6050 502786724
llK FE! 14.00
so
Pac,e 1 ftf- l
A$ provided by secdon 6321, 6J22, and 6323 of the lntffllll Revenue Code, we are aMna a nocfa that taxes (lncludlna Intense and penaldes) have been assessed aplnst die followlnt•named taxpayer. We have made a demand for payment of this Uabflky, but k remains unpaid. Therefore, chen Is a Hen In favor of the United States on an propeny and rlahts co property belonalnt co chis taxpayer for the amount of Chtse taxes, and addldonal penaldes, Interest, and costs chat may ICCl'ft.

Name of Taxpayer LYNNETTE SHAW
Residence

MARIN ALLIANCE FOR MEDICAL MARIJUAN
6 SCHOOL ST STE 210
FAIRFAX, CA 94930-1676
I IMPORTANT RELWE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date I given In column tel, this notice shall, on the day following such date, operate as a certificate of release as defined In IRC 6325(a).

Kind of Tax
Tax Period
Endln1 ldend~n1 Humber
Dace of Lasc.J.~or u...._..1c1 lalanc• Assessment of Assessment (1) (b) Cc) Cd) <•> ,n
941 03/31/2024 XX-XXX3719 07/108/2024 08/07/2034 21167.72 Pface of Filing

COUNTY RECORDER
Marin COUNTY Total $ 21167.72
SAN RAFAEL, CA 94903
This notice was prepared and signed at ___ ....;0;;.;:AKLAND===-'-'_..;::;CA:;:.;:__ ___________ _ , on this, the 04th day of October , 2024.

Signature Title REVENUE OFFICER 26-12-2526
for A CHENG (415) 837-6566
(NOTE: Certificate of officer authorized by law to take acknowledgment la not essential to the validltv of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 • 2 C.B. 4091 Form 668(Y)(c) !Rev. 2·20041 Pll't I • ICtpc Iv ll4COfCIIDI Offlce CAT. NO 60025X
Recording Requested By Internal Revenue 1• Service. When recorded men to:

S INTERNAL REVENUE SERVICE ?O BOX 145595, STOP 8420G
CINCINNATI, OH 45260-5585
111 IDI II ~DI IUIH 1111 ID lfflllll~II DI IIHR
2025-0002254
Form 668 (Y)(c)
(Rev. February 20041
Reoon:led
omc1a1 R<fteOfds
(huntyof
Marin
SHE Ll Y SCOTT
A_.. Rect.ll'"CW
County~
08:34AM 27-Jan-2025
For Optional Use by Recording Office •
4 l 8 8 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Uen
Area: SMALL BUSINESS/SELF EMPLOYED AREA #6 Serial Number Lien Unit Phone: (800) 913•60S0 508503425
REC FEE ' 14.00
GJ

As provided by section 6J21, 6322, and 6J2J of the Internal Revenue Code, we are alvlnra notice chat taxes (fncludfns Interest and penaldes) have been assessed aplnst the foftowfn,-namecl caxpayer. We have made a demand for payment of this llablJlcy, buc It remains unpaid. Therefore, there Is a Oen In favor of the Unlced Scaces on an propeny and rlpu co propeny belonalna co this taxpayer for the amount of Chese taxes, and addldonal penaldes, fnteresc, and costs that may acc111e~
Name of Taxpayer LYNNETTE SHAW
Residence

MARIN ALLIANCE FOR MEDICAL MARIJUAN
6 SCHOOL ST STE 210
FAIRFAX. CA 94930-1676
I IMPORTANT RELEASE INFORMATION: For each asaetament Hated below, unless notice of the llen la refiled by the date I given In column (e), this notice shell, on the day following such date, operate as a certificate of release aa defined In IRC 63251a).

Tax Period Dace of 1.asc.:;r, for U~ld Balance Kind of Tax Endlna ldendfylns Number Assessment of Assessment (a) Cb) (c) (d) <•>"' (0 941 09/30/2024 XX-XXX3719 ll/18/2024 12/18/2034 2664.20 Place of Filing

COUNTY RECORDER
Marin COUNTY Total $ 2664.20
SAN RAFAEL, CA 94903
This notice was prepared and signed at ____ O;;;.;AKLAND~~= .... '----CA ....... ____________ _ , on this, the 09th day of January , 2025.

Signature Title REVENUE OFFICER 26-12-2526
for A CHENG (415) 837-6566
(NOTE: Certificate of officer authorized by law to take acknowledgment Is not aHentlal to the valldltv of Notice of Federal Tex Hen Rav. Rul. 71-466, 1971 • 2 C.B. 409l Form 668(Y)(c) (Rav. 2·20041 Pan t • Kept By Recordlnt Office CAT. NO 60025X
Recording Requested By Internal Revenue
Service. When recorded mall to: IIIIIUI llllt 11111111 lllllMI 1111111111111111 2025-0010301

INTERNAL REVENUE SERVICE
PO BOX 145595, STOP 84200
CINCINNATI, OH 45250-5685
Rec:orded
ome1a1 Records
~nlyof
Mann
SHELL 'f SCOTT
A-·Recorder
Cotxlty Cieri(
07:SlAM l€\•Apr•202S
For Optional Use by Recording Office
Fonn 668 (Y)(c)
(Rev. Februarv 2004)
2074 Department of the Treasury· Internal Revenue Service Notice of Federal Tax Lien
Area: SMALL BUSINESS/SELF EMPLOYED AREA #6 Serial Number Lien Unit Phone: (BOO) 913-6050 513642825
REC F!E 14.00
CP

provided by section 6J21, 6322, and 6323 of the Internal Revenue Code, we are alvlnr a notice tha& taxes (lncludln1 Interest and penaldes) have been assessed aaalnsc the followtn,-named taxpayer. We have made a demand for payment of this llablllty, bur It remains unpaid. Therefore, rhere Is a Hen In favor of the United States on all property and rlahcs to property belontfn1 to this taxpayer for the amount of these taxes, and addltlonal penalties, Interest, and costs that may accrue.

Name of Taxpayer LYNNETTE SHAW
Residence

MARIN ALLIANCE FOR MEDICAL MARIJUAN
6 SCHOOL ST STE 210
FAIRFAX, CA 94930-1676
I IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien Is refiled by the date I given In column lel, this notice shall, on the day following such date, operate as a certificate of release as defined In IRC 6325(al.

Tax Period Date of Last Dalfnfor Una,ald Balance Kind of Tax Endlna ldentlfylna Number Msessmenc Refl I of Assessment (a) (b) (c) (d) <•> (f) 940 12/31/2024 XX-XXX3719 02/24/2025 03/26/2035 604.31 941 12/31/2024 XX-XXX3719 02/17/2025 03/19/2035 2396.76 Place of Filing

COUNTY RECORDER
Marin COUNTY Total $ 3001.07
SAN RAFAEL, CA 94903
This notice was prepared and si~ned at ____ O;;.;;AK;.;;;;.;.LAN ___ "---D..,_,--'CA"'-'-------------- the 04th day of April , 2025.
, on this,
Signature Title REVENUE OFFICER 26-12-2526
for A CHENG (415) 837-6566
(NOTE: Certificate of officer authorized by law to teke acknowledgment la not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 4091
Part I • Kept lly Recordl111 Office Form 668(Y)(c) (Rev. 2·20041 CAT. NO 60025X Recording Requested By Internal Revenue
~Service.When recorded mail to:

Ill lffll llllUHII ltll llllHNllllllffll Ill llf
2025-0022938

I TERNAL REVENUE SERVICE
BOX 146595, STOP 8420G
CINCIN_NATI, OH 45250-5585
ReCQl'ded
Of(ldal Records
C'.ollrtly or
Marin
SHELtYSOOTT
A•5150r•Racorder
O:iuntv aenc
08:4.0AM 04-Sep-2025
For Optional Use by Recording Office
fonn 668 (Y)(c)
(Rev. February 20041
2 0 7 4 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien
Area: SMALL BUSINESS/SELF EMPLOYED AREA #6 Serial Number Lien Unit Phone: (BOO) 913-6050 523786825
REC FH 14.00
ss
Pave l of l
As provided by section 6121, 6122, and 6321 of die Internal Revenue Code, we are alvlna a notice that taxes (lncludln1 Interest and pen.aides) have been assessed aplnsc die followln,-named caxpayer. We have made a demand for payment of chis llabDlcy, but It remains unpaid. Therefore, there Is a Oen In favor of the United Scates on all propeny and rfattu to property belonafn1 co this caxpayer for che amount of these taxes, and additional penalties, Interest, and costs chat may accrue.

Name of Taxpayer LYNNETTE SHAW
Residence

MARIN ALLIANCE FOR MEDICAL MARIJUAN
6 SCHOOL ST STE 210
FAIRFAX, CA 94930-1676
I IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien Is refiled by the date I given in column (el, this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a).

Tax Period Dace of l.asl!J.~or U~Balance Kind of Tax Endln1 • ldentlfyln1 Number Afffflmenc of Assessment la) (b) <i> (d) (e) . (0 941 03/31/2025 XX-XXX3719 06/02/2025 07/02/2035 11453.16 Place of Filing

COUNTY RECORDER
Marin COUNTY Total $ 11453.16
SAN RAFAEL, CA 94903
This notice was prepared end signed at ____ O=AKLAND=__........, .... ,_.;;c;.;..A...,_ ____________ , on this, the 22nd day of August , 2025.

Signature Title REVENUE OFFICER 26-12-2526
for A CHENG (415) 837-6566
(NOTE: Certificate of officer authorized by law to take acknowledgment is not easential to the validity of Notice of Federal Tex lien Rev. Rul. 71-466, 1971 • 2 C.B. 409) Form 6'8(Y)(c) (Rev. 2-20041 Pan I • Kepi lly kordhl1 Offlce CAT. NO 60025X
,i~
\ ~cording Requested By Internal Revenue
V Service, Whan recorded mail to: l~IIIIIIIIHlllffillBIIIIIIIINIOOIIIIIIII 2025-0029264

INTERNAL REVENUE SERVICE
PO BOX 145595, STOP 8420G
CINCINNATI, OH 46250-6585
Recorded
omc1a1 Records
Coultvor
Marin

SHELLY SCOTT
A_,.lhM:on:w
0:uitv aeit:
08:07AMl3-No\1·202S
For Optional Use by Recording Office
Form 668 (Y)(c) 2 0 7 4 Department of the Treasury - Internal Revenue Service (Rev. February 20041 Nodce of Federal Tax Uen
Area: SMALL BUSINESS/SELF EMPLOYED AREA #6 Serial Number Lien Unit Phone: (800) 913-6050 527260025
REC Fee 14.00
lM
Pa.ge 1 of 1
As provkted by secdon 632 t, 6322, and 6J2J .of die Internal hvenue Code, we aNI alvfns a notice chat taxes (lncludln1 lnceresc and penalties) have been usessed aplnsc the followlns-named taxpayer. We have made a demand for payment of chis llabfflcy, but k remains unpaid. Therefore, Chere Is a Ben In favor of the Unked States on au propercy and rlpu co propercy belonaln, co this caxpayer for the amount of these taxes, and additional penaldes, Interest, and costs chat may accrue.

Name of Taxpayer LYNNETTE SHAW

MARIN ALLIANCE FOR MEDICAL MARIJUAN
Residence 6 SCHOOL ST STE 210
FAIRFAX CA 94930-1676
I IMPORTANT RELWE DI FORMATION: For each assessment listed below, unless notice of the lien it refiled by the data I given in column (el, this notice shell, on the day following such date, operate as a certificate of release as defined In IRC 6326(&), Tax Period Date of Luc~for U...Wlalanc• Kind of Tax En~ ldendfyln1 Number Assessment of Assessment (a) le> . ld) Ce) I (fl 941 06/30/2025 XX-XXX37l9 08/11/2025 09/10/2035 2357.21 Place of Filing

COUNTY RECORDER
Marin COUNTY Total $ 2357.21
SAN RAFAEL, CA 94903
This notice was prepared and signed at ____ O.;;..;A_KLAND;;.;;=c-=- ......... t----CA ______________ _ , on this, the 07th day of October , 2025.

Signature Title REVENUE OFFICER 26-12-2526
for A CHENG (415) 837-6566
(NOTE: Certificate of officer authorized by law to take acknowledgment t, not auantlal to the velklltv of Notice of Federal Tax Hen Rev. Rut. 71-468, 1971 • 2 C.B. 409! Form 668(Y)(c) (Rev. 2·20041 Part t • ICtpt 8., lecordlq Office CAT, NO 60025X
RECORDING REQUESTED BY lllll~IIIIUIIIIHIIIIIIIII
STATE OF CALIFORNIA 2023-0001179
CALIFORNIA DEPARTMENT OF TAX AND Recorded REC FBE o.oo
FEE ADMINISTRATION Official Records County of
AND WHEN RECORDED MAIL TO Marin

SHELLY SCOTT
CALIFORNIA DEPARTMENT OF TAX ANO Assessor-1\eoorder
FEE ADMINISTRATION County Clerk
PO BOX 942879 AO
SACRAMENTO, CALIFORNIA 94279-0055 07:12.AM 23-Jan-2023 Page 1 of 1

NOTICE OF STATE TAX LIEN
Chapter 14 (Commencing with Section 7150
of Division 7 of Title 1 of the Government Code)
Certificate No. 221680
Filed with: MARIN COUNTY
The California Department of Tax and Fee Administration. hereby certifies that the following named taxpayer(s) l YNNETTE MARIE SHAW (XXX-XX-3321) AKA'S: LYNNETTE SHAW, LYNETTE SHAN, LENNETTE SHAW, l YNETTE SHAW, LYNETTE M. SHAW, LYNETTE MARIE SHAW

DOING BUSINESS AS MARIN ALLIANCE FOR MEDICAL MARIJUANA
THIS EXTENDS LIEN CERT NO. BE-1306721
whose last known address was 6 SCHOOL ST STE 200 FAIRFAX CA 94930-1650 is (are) liable to the State of California for amounts due from and required to be paid by said taxpayer(s) and duly levied and determined under the provisions of the California Sales and Use Tax Law, Part 1, 1.5 and where applicable, Part 1.6; and Article 9.5 Chapter 8 of Part 2 of Division 4 of Public Resource Code.

Account Number Tax Period Assessment Balance
101-112239 October 1, 2011 - December 31, 2011 April 18, 2012 $550.00 101-112239 October 1, 2005 • June 30, 2008 May 7, 2012 $358,117.05 101-112239 October 1. 2011 • December 31, 2011 June 14, 2012 $550.00 101-112239 April 1, 2008 • June 30, 2008 August21,2012 $925.00 TOTAL ~360. 142.05
Additional interest may accrue at the modified adjusted rate established pursuant to Section 6591.5 or 19521 of the Revenue and Taxation Code. Further, additional penalties and collection cost recovery fees may accrue by operation of law. The California Department of Tax and Fee Administration further certifies that it has complied with all of the provisions of the above-cited law, act, or ordinance in its determination of the amounts required to be paid. The liability above set forth is a lien upon all real property and rights to such property, Including all after-acquired property and rights to property belonging to the above-named taxpayer(s).

The California Department of Tax and Fee Administration has duly authorized the undersigned to execute this Notice In its name.

Lien ID: 1306721-21
Dated January 20, 2023
At Sacramento, California
CDTFA-5100 (5-18)
bl0002-6
The agency has adopted the use of a facsimile signature as shown below~~,:Y---
By (/
Gina Fong, Authorized Representative

RECORDING REQUESTED BY

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF TAX AND

FEE ADMINISTRATION

ANO WHEN RECORDED MAIL TO

CALIFORNIA DEPARTMENT OF TAX AND

FEE ADMINISTRATION
PO BOX 942879
SACRAMENTO, CALIFORNIA 94279-0055
Certificate Number 403165
1111111111111011111111111m
2024-0033806
Recorded REC FEE
Official Records
County of
Marin

SHELLY SCOTT
Assessor-Recorder
County Clerk
GJ
08:04AM 30-Dec-2024 Page 1 of 1

NOTICE OF STATE TAX LIEN
Chapter 14 (Commencing with Section 7150
of Division 7 of TIiie 1 of the Government Code)
Filed with: MARIN COUNTY
The California Department of Tax and Fee Administration hereby certifies that the following named taxpayer(s):

LYNNETTE MARIE SHAW (XXX-XX-3321)
whose last known address was 6 SCHOOL ST STE 200 FAIRFAX CA 94930-1650

0.00 ls/are liable to the State of California for amounts due from and required to be paid by said taxpayer(s) and duly levied· and determined under the provisions of the California Fee Collectlon Procedures Law, Part 30, Division 2.

I Account Number I Tax Period I Assessment Balance
I 248-147488 I April 1, 2024 - June 30. 2024 I August22,2024 $58,424.82 TOTAL $58,424.8,
Additional Interest may accrue at the modlfled adjusted rate established pursuant to section 6591.5 or 19521 of the Revenue and Taxation Code. Further, additional penalties and collection cost recovery fees may accrue by operation of law. The California Department of Tax and Fee Administration further certifies that it has complied with all of the provisions of the above-cited law, act, or ordinance in its determination of the amounts required to be paid. The liability above set forth is a lien upon all real property and rights to such property, including all after-acquired property and rights to property belonging to the above-named taxpayer(s).

The California Department of Tax and Fee Administration has duly authorized the undersigned to execute this Notice In its name.

Lien ID: 849289
Dated December 27, 2024
At Sacramento, Califomia
CDTFA-5100 (S-18)
bl0002-18
The agency has adopted the use of a facsimile signature as shown below,~ M,,,,l....

By ,(JNIA
Thomas Gates, Authorized Representative

RECORDING REQUESTED BY IIIIIIIIIIRIIIUIIIIIIUII
STATE OF CALIFORNIA 2025-0031094
CALIFORNIA DEPARTMENT OF TAX AND Recorded REC JMU: 0.00

FEE ADMINISTRATION

ANO WHEN RECORDED MAIL TO

CALIFORNIA DEPARTMENT OF TAX AND

FEE ADMINISTRATION
PO BOX 942879
SACRAMENTO, CALIFORNIA 94279.0055
Official Records
County of
Marin
SHELLY SCO'l''l'
Assessor-Recorder
County Clerk
ss
08:l0AM 03-Dec-2025 Page 1 of l

NOTICE OF STATE TAX LIEN
Chapter 14 (Commencing with Section 7150
of Division 7 of Tille 1 of the Government Code)
Certificate Number 499063
Flied with: MARIN COUNTY
The California Department of Tax and Fee Administration hereby certifies that the following named taxpayer(s):

LYNNETTE MARIE SHAW (XXX-XX-3321)
whose last known address was PO BOX 782 FAIRFAX CA 94978-0782 ls/are liable to the State of California for amounts due from and required to be paid by said taxpayer(s) and duly levied and determined under the provisions of the Caflfomla Fee Collection Procedures Law, Part 30, Division 2.

I Account Number I Tax Period I Assessment Balance I 248-147488 I July 1, 2025 - July 31, 2025 I October 28, 2025 $35,536.44 TOTAL jJf:i,536.4-1
....
'. ,.

Additional interest may accrue at the modified adjusted rate established pursuant to section $591.5 or 19521 of the Re.vi,nue and Taxation Code. Further, additional penalties and collection cost recovery fees may accrue by operation of law. The California Department of Tax and Fee Administration further certifies that it has complied witti.all of the provisions of the above-<.lted law, act, or ordinance in its determination of the amounts required to be paid. The liability above set forth is a lien upon all real.f.ro~rty and rights to such property, including all after-acquired property and rights to property belonging to the above-named taxpayer{$) •. , The California Department of Tax and Fee Administration has duly authorized the undersigned to execute this Notice in Ifs name.

Lien ID: 896678
Dated December 2, 2025
At Sacramento, California
COTFA-5100 (5-18)
bL0002-18
~•~:;:: a facslmHe signature as shown
By ,UIUM
Thomas Gates, Authorized Representative
•

RECORDING REQUESTED BY

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF TAX AND

FEE ADMINISTRATION

ANO WHEN RECORDED MAIL TO

CALIFORNIA DEPARTMENT OF TAX ANO

FEE ADMINISTRATION
PO BOX 942879
SACRAMENTO, CALIFORNIA 94279-0055

IIUIIIIIIHIIIRUIIIIIIIIIIII
2026-0003197
Recorded REC J!'EE
Official Records
County of
Marin

SHELLY SCOTT
Assessor-Recorder
County Clerk
ss
08:22AM 12-reb-2026 Page 1 of 1

NOTICE OF STATE TAX LIEN
·ctiapler 14 (Commencing with Section 7150
of Division 7 of Title 1 of the Government Code)
Filed with: MARIN COUNTY
Certificate Number 585054
The California Department of Tax and Fee Administration hereby certifies that the following named taxpayer{s):

LYNNETTE MARIE SHAW (XXX-XX-3321)
whose last known address was PO BOX 782 FAIRFAX CA 94978-0782

0.00 is/are Hable to the State of California for amounts due from and required to be paid by said taxpayer{s) and duly levied and determined under the provisions of the Callfomla Sales and Use Tax Law, Part 1, 1.5, and where applicable, Part 1.6: and Article 9.5 Chapter 8 of Part 2 of Division 4 of the Public Resource Code.

Account Number Tax Period Assessment Balance
103--153385 July 1, 2025 - July 31, 2025 November 24, 2025 $1,159.31:
250-387584 July 1, 2025 • July 31, 2025 November 24, 2025 $13,150.06 TOTAL $14,;jU~.4'
Additional interest may accrue at the modified adjusted rate established pursuant to section 6591.5 or 19521 of the Revenue and Taxation Code. Further, additional penalties and collection cost recovery fees may accrue by operation of law. The California Department of Tax and Fee Administration further certifies that it has complied with all of the provisions of the above-cited law, act, or ordinance in its determination of the amounts required to be paid. The liability above set forth is a lien upon all real property and rights to such property, Including all after-acquired property and rights to property belonging_ to the above-named taxpayer(s).

The California Department of Tax and Fee Administration has duly authorized the undersigned to execute this Notice In its name.

Lien ID: 908261
Dated February 11, 2026
At Sacramento, Califomia
COTFA-5100 (5-18)
bl0002-18
The agency has adopted the use of a facsimile signature as shown below,~~
By ,(JUM
Thomas Gates, Authorized Representative
Linda Neal
From:

Sent:

To:

Subject:
io <8ushojakdf81 [email protected]>
Wednesday, May 20, 2026 11 :18 AM
Planning Department
Comment on 61 Solinas Road Proposal
Dear Planning Commission and staff,
I live in Fairfax and wanted to share my thoughts about the proposed cannabis storefront at 61 Bolinas. I'm not against cannabis businesses but I just don't think this is the right spot for one.

This part of downtown is really the center of town life. Families are always walking between Solinas Park, the Pavilion, ice cream shop, ballfield, 7-11 and community events. The farmers market, Egg Hunt, and kids lemonade stands all happen right here. There is also First Friends and soccer/basketball lessons and birthday parties for kids in the pavilion
To me, this location would make more sense as something that adds to that family and community energy, like a kids activity space, art studio, learning center, or another business that brings people together downtown.

I hope the Town thinks carefully about what kind of downtown we want long-term and what fits best in the middle of our community gathering area. Parking is also going to be impacted. So many issues with this spot!
Thank you for listening.
1 Linda Neal
From:

Sent:

To:

Subject:

Morgan Hall <[email protected]>
Thursday, May 21, 2026 10:06 AM
Planning Department
Public Hearing May 21, 2026 re: Cannabis Business permit at 61 Solinas Road Dear Planning Commissioners,
I have owned the property next door to 61 Bolinas Road for 25 years and object to locating a marijuana dispensary in downtown Fairfax. It is simply not a good fit and will not be beneficial to the businesses and citizens there.

The Marin Alliance for Medical Marijuana had a good run of 27 years at School Street Plaza. Unfortunately that ended in 2024 when the uncaring and greedy owner evicted everyone. I know because I too had to vacate my office of 12 years directly the parking lot from the Alliance.

The Alliance's location was optimal, a little off the beaten track with a large parking lot that accommodated frequent clients that dropped in for 15 minutes and left.

That will no longer be the case if the Alliance relocates at 61 Bolinas Road. No longer will there be convenient parking. This will result in double parking and blocked driveways. Nearby businesses, citizens and traffic flow will suffer. This is especially concerning given the soon-planned MMWD water pipe work.

The proposed Alliance location will be immediately at or adjacent to 4 children; one and the same building, one on the same property and two next door.

The Alliance's product is not complementary to nearby shop inventories. These shops cater to the needs of families and the general public and are not limited to the esoteric use of marijuana. Shoppers browsing through the district will not frequent a dispensary as freely as a shop perceived as being more benign.

Along with these reasons and its compromise of a number of Town rules, the Marin Alliance of Medical Marijuana is not a good idea in downtown Fairfax. It will not be beneficial to the businesses and citizens there. It should be located elsewhere, more off the beaten track as it was previously.

One might think of this as being similar to opening a gun shop or an adult bookstore in downtown Fairfax.
1 Morgan Hall
Sent from my iPad
2 Linda Neal
From:

Sent:

Maggie Burns <[email protected]>
Thursday, May 21, 2026 6:37 PM
To: Planning Department; Hunter Sprole
Subject: 40 Olema Inquiry
Hi there,
I live at 34 Olema and will be attending the planning meeting tonight. Could you share all submitted materials, plans, elevations, staff reports, and public comments for Application 26-07 at 40 Olema Rd (APN 001-104-17)?
I'm particularly interested in the below:
• height/elevation drawings
• tree removal
• grading/drainage plans
• variance requests • environmental/geotech review • Being a corner lot, are the setbacks different at all? The back of their house will be on the side boundary of our house and curious how far it will be from the property line. • Roof height - what is allowed and are they within those parameters • What% of lot can be built and are they within parameters Thank you!
Maggie & Hunter
Maggie Burns
[email protected]
847.471.1412
http://www.elliebu rnsfoundation .com
1