practicable, incorporate specific
priorities related to equity,
workforce development, and
climate change resiliency so that
investments can benefit everyone
for decades to come.
T-Mobile
Hometown Grant
Program
Max Award:
$50,000
No Match
Required
The Hometown Grants program
funds projects to build, rebuild, or
refresh community spaces that
help foster local connections in
your town. Projects should be
shovel-ready, physical builds or
improvements that can be
completed within 12 months of
receiving Hometown Grants
funding. Projects that add to a
sense of place or could lead to
further investment are of particular
interest.
September 30,
2023
MLB-MLBPA Youth
Development Fund
(YDF)
MLB-MLBPA Youth
Development Fund
(YDF) Grant
The foundation
does not set a
funding range for
grant requests.
MLB-MLBPA Youth Development
Foundation (YDF) is a joint
initiative by MLB and MLBPA to
support efforts that focus on
improving the caliber,
effectiveness and availability of
amateur baseball and softball
programs across the United States
and internationally. The program
supports capital projects (field
lighting, renovations, and
construction), baseball and softball
programs, education initiatives,
and school/school club
infrastructure equipment.
Ongoing
WalMart
Local Community
Grant Program
Min Award: $250
Max Award:
$5,000
The Local Community Grant
program funds projects in the
areas of Community/Economic
Development, Diversity/Inclusion,
Education, Environmental
Sustainability, Health and Human
Service, Hunger Relief, Public
Safety, Quality of Life.
Organizations may submit a total
number of 25 applications and/or
receive up to 25 grants within the
2023 grant cycle.
Ongoing
Agenda Item No. 10
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of September 12, 2023
_______________________________ _________________________________ Prepared by: Approved by:
Bill Scott, Contract City Planner Todd Bodem, City Administrator SUBJECT: Public Hearing to consider a Design Review Permit (DR-2023-055-DR) for the 12th Street Apartments a multi-family development on a 15,000 square-foot property in the R-3 (High Density) residential zoning district. The project site is located on the northeast corner of 12th Street and Olivera Street, APN 115-035-001.
EXECUTIVE SUMMARY:
Mr. Alec Schwend, applicant/designer MW Architects, on behalf of Mr. and Mrs. Trevor and Kim Crandall, project developers, is requesting City Council approval of a Design Review (DR) Permit to allow construction of a an eleven-unit multifamily development on a vacant 15,000 square-foot lot. The property is on the northeast corner of 12th Street and Olivera Street. The developers envision nine apartments and two accessory dwelling units (ADUs) on the property. Municipal Code Chapter 18.73 requires City Council approval of a major Design Review permit for any multi-family development having more than three dwelling units. Consideration of the two ADUs is advisory. Government Code 65852.2 establishes accessory dwelling units must be permitted ministerially. A Categorical Exemption was prepared for the project in accordance with California Environmental Quality Act (CEQA) Guidelines.
RECOMMENDATION:
It is recommended that the City Council:
1) Receive a presentation from staff;
2) Conduct a public hearing, including: a) an opportunity for the applicant to present the proposed project, and b) receive any comments from the public; and 3) Adopt Resolution No. 2023-73 approving the Design Review Permit 2023-055-DR, for the Crandall 12th Street Apartments II multi-family complex.
BACKGROUND:
Site and Surroundings:
As noted, the project site is a vacant 15,000 square-foot lot on the northeast corner of 12th Street and Olivera Street. The property is in the portion of the original city on the northeast side of Downtown Guadalupe (Attachment 2 – Site Vicinity Map). The neighborhood is typified by a mixture of older singlefamily homes and small multiple-family developments. Across Olivera Street to the west, is the recently constructed Crandall 12th Street 6-Unit Apartments. The Guadalupe City limits extends along the north Bill Scott
side of the property, and open lands in unincorporated Santa Barbara County are beyond the City limits boundary to the north. The abutting segment of Olivera Street is currently unimproved.
Project Description:
As noted above, this Design Review Permit proposes the immediate construction of nine (9) apartments in attached buildings. Additionally, the project is designed to accommodate up to two (2) future accessory dwelling units (ADUs). The site plan identifies five attached buildings identified as Units 1 – 5.
All of the buildings have two stories. A small courtyard is provided in the central portion of the project and a small laundry is provided for residents. Eighteen parking spaces are provided, nine of which are covered. The project would complete Olivera half-street paving improvements. The Site Plan is shown in Attachment 3 to the staff report.
ADU Advisory Consideration:
State law stipulates that ADUs must be approved ministerially. Government Code 65852.2 (A)(2) requires: A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, Chapter 18.53 of the City of Guadalupe Municipal Code (Accessory Dwelling Units), is fully aligned with the above-cited Government Code provision. The City’s ministerial approval process is a Zoning Clearance issued by the Planning Department. Therefore, only the Site Plan and the 9-unit apartment building is currently being considered under this Design Review Permit. The ADUs are described in this review as a disclosure to the full intent and scope of the project and to allow the developers the opportunity to determine whether two future ADUs would likely fit into the project as it is currently designed.
Proposed Unit Mix:
As described above, at full build-out the multi-family project would contain a total of eleven (11) housing units. The nine apartments are two- and three-bedroom units. The smallest apartment is 530 square feet and contains two bedrooms and one bathroom. The largest apartment is 940 square-feet and contains three bedrooms and two bathrooms. The floor plan details for the ADUs will be derived later at the zoning clearance review stage. The unit Floor Plans are provided in Attachment 3.
DISCUSSION
The primary issues considered are: 1) establishing a project design that is complementary to the neighborhood; 2) providing a quality residential living environment for residents, and; 3) Municipal Code conformance.
NEIGHBORHOOD COMPATIBILITY
Building Orientation:
The building placement is consistent with the historic development character of the neighborhood. The project appropriately places the buildings close to the corner of 12th and Olivera Streets and puts vehicle parking away from the neighborhood at the rear of the property. Three of the attached buildings, Building Units 104, 103 and 104, are positioned along the 20-foot front setback line to address 12th Street. The center unit (Unit 103) has its front entry and a sidewalk leading directly to 12th Steet. A row of large trees is in the front-yard setback to enhance the 12th Street frontage. The building location is also consistent with the recently constructed apartment complex across Olivera Street to the west.
Building Design:
The project designer calls the building architecture a “local traditional style.” As shown on the plans, the building exteriors include a combination of Hardie board siding, board and batten siding and smooth trowel plaster. Gable roofs are covered with charcoal gray composite shingles. The balconies and decks are wood with metal railings. Primary exterior colors are navy blue, gray and sand. Windows, trim and railing colors are white (Attachment 3 Building Elevation Plan). Planter boxes beneath some of the windows further improve decorative interest. A condition has been added to the Design Review Permit to retain those decorative details, or to provide equivalent features through completion of the project.
The 25-foot 2-ince maximum building heights are respectful to the neighboring properties. The buildings are deemed to be highly attractive and should relate well with the immediate surroundings.
RESIDENTIAL LIVABILITY
The one-to-three-bedroom apartments range from 530 square-feet to 940 square-feet and exhibit thoughtful consideration of the living environment. Each unit has a private yard or deck that meets or exceeds the minimum Municipal Code standards. A common courtyard is provided in the center of the apartment complex. The courtyard is approximately twenty-feet by twenty-five feet (approximately 500 square-feet) in size and should provide supplemental open space opportunities (e.g., an outdoor seating or gathering area) for the residents. As small laundry is provided on-site as another convenience for project residents. The parking on the north side serves to provide a buffer between living units and the quasi-agricultural/industrial uses in the county to the north. The design of the project should provide a quality living environment for residents.
MUNICIPAL CODE CONFORMANCE
Project Density:
For projects in the R-3 zone, Municipal Code 18.32.202(A) provides …no more than one dwelling unit for each 1,452 square feet of land within the lot or parcel on which the dwelling is located. Based on the 15,000 square-foot lot, up to 10.33 apartments (11 rounded) would be allowed on the property and nine (9) apartments are proposed. ADUs are not counted against project density. The state Government Code specifies: An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning and (an ADU) does not count toward the allowable density (Gov. Code, § 65852.2, subd. (a)(1)(C).). In any case the 9-apartments and two ADU project meets the allowable project density as specified by the Municipal Code for multi-family development in the R-3 zone.
Building Setbacks:
Required: Municipal Code Section 18.52.040 establishes required building setbacks from all property lines in the R-3 zone. Municipal Code Section 18.08.435 (Lot Front) specifies the narrowest dimension of a lot fronting on a street is typically the “front” of the lot. In this case, the property line along 12th Street is considered the “front” of the lot. The rear lot line is defined as opposite and most distant from the front lot line. Therefore, the required building setbacks are as follows:
Setbacks Required:
Front (12th Street): 20-feet.
Rear (north): 15-feet.
Side Interior (east): 5-feet.
Side (Olivera Street): 10-feet.
Setbacks Provided: The building setbacks provided meet the above-cited setback standards and are shown on the Site Plan – Attachment 3.
Building Height:
Maximum Allowable: Municipal Code Section 18.52.020 specifies: …in the R-3 district, the height of a building or structure shall not exceed 2 stories, or a height of 35 feet.
Height Provided: As shown on the building elevation plan (Sheet DP5) the two-story structures are a maximum of twenty-five feet, 2-inches at the highest point. Thus, the building heights are well within the allowable Municipal Code height limits.
Landscape:
Required: The Municipal Code specifies that: Not less than 10% of a parcel shall be covered with dense landscaping that consists of trees, plants and shrubs and may include fencing...
Provided: The Conceptual Landscape Plan (Attachment 3 – Sheet L1) shows the project is providing 4,120 square-feet (27%) landscape coverage. The Landscape Plan depicts are row of five large trees along the front-yard setback along 12th Street and a variety of trees and shrubs will be placed in the side-yard facing Olivera Street. The larger tree types include Silk Tree, Australian Willow and Chinese Pistache. The Conceptual Landscape Plan meets and exceeds the 10% Municipal Code landscape coverage standard. It is noted a five-foot landscape strip along north side of the project will be used for vehicle parking overhang. Thus, landscape in that area will be limited to low ground cover instead of tree plantings. Yet, overall, the landscape Plan is considered to be good. A detailed landscape and irrigation plan will be finalized during the zoning clearance and building permit review stage.
Private Yards/Usable Open Space:
Required: For multi-family developments in the R-3 zone, Municipal Code Section 18.52.100 requires: a minimum of 100 square-feet of private open space for each ground-floor apartment. The private open space shall have a minimum dimension of 8-feet. For upper floor apartments Section 18.52.110 specifies a minimum of 50-square-feet of above-ground private open space. The private deck shall have a minimum depth of 5 feet.
Provided - Ground Floor Apartment Units: Building Units 102, 104 and 105 contain ground-floor apartments. Each apartment is provided with a private yard. The ground floor private yards are: Unit 102 - 300 square-feet; Unit 104 – 238 square-feet; and Unit 104 – 136 square-feet. Each yard has a minimum depth of eight feet. Therefore, the Municipal Code standard for ground-floor multi-family private yard space has been met.
Provided - Upper Floor Apartments: For the upper floor apartments, each apartment is provided with an outdoor deck. The decks are typically placed outside of the living room or the kitchen. The decks range from the smallest at just over 54 square-feet to the largest at 103 square-feet. Each deck meets the
minimum depth standard of five-feet; and Therefore, all of the private decks meet or exceed the fifty square-foot minimum Municipal Code standard for private open space.
ADU Private Open Space - Required: The City and state private yard requirement for ADUs is different from the City’s private yard requirement for apartments. Both City and state ADU codes require a minimum 225 square-feet of private yard space for each ADU. The state prescribes the yards have a dimension of 15-feet by 15-feet. However, to meet the state’s primary and overarching objective to:
…not unreasonably restrict the ability to create accessory dwelling units in zones in which they are authorized…, on a few unique occasions, the 15-foot by 15-foot standard has been modified by Planning staff, allowing slightly narrower yards as long as a reasonable yard width is provided, and the 225-foot minimum size directive is met.
Provided: One of the ADUs, the Unit 101 ADU, is provided a fenced rectangular private yard that is approximately 225 square-feet in size. For the Unit 103 ADU, the Conceptual Site Plan shows a private yard of approximately 175 square feet. Therefore, as currently shown, the Unit 103 private yard would be deficient by approximately 50 square-feet. As discussed in the ADU Advisory Consideration discussion above, the final configuration of the ADU open space will be derived during the zoning clearance review stage. Staff believes that there is enough room available to make the minor adjustments so that all private yards will meet the intent and purpose of the City and state specifications.
Parking
Apartment Parking - Required: For apartments, Zoning Ordinance Section 18.60.050 specifies: a minimum of two (2) off-street parking spaces for each apartment unit; one (1) of which should be covered.
Provided: The project proposes a total of eighteen (18) parking spaces, nine (9) of which are covered.
Thus, the Municipal Code off-street parking standard for the nine apartments has been met.
ADU Parking - Required: The state Government Code 65852.2 specifies a local jurisdiction may typically require at least one (1) off-street parking space for each ADU. Based on this standard, a minimum of two (2) 0ff-street parking spaces would be required for the two ADUs. As noted, Guadalupe Municipal Code Chapter 18.52 is fully aligned with state regulations.
However, the statutes provide several exemptions from the one (1) parking space per ADU requirement.
As allowed by City and state regulations, the applicant is advocating for a parking exemption for the ADUs. Government Code Section 65852.2(d)(1)(A) provides that no parking spaces are required when an ADU is located within 2,500 feet walking distance of a bona fide public transit stop. In this case, the applicant has demonstrated there is Guadalupe Flyer bus stop approximately within 1,200 feet. The bus stop is located on 10th Street near the Senior Center. Therefore, no off-street ADU parking is being provided.
It is noted that in this case the project is located at the segment of Olivera Street that terminates at the City/County boundary on the north. Except for vehicles accessing the county property to the north, this segment of Olivera Street is currently unused by the residents in the larger neighborhood. Therefore, once Olivera Street roadway and curb improvements are constructed, approximately three on-street parking spaces would be made available to supplement the parking needs of project residents. Thus, potential adverse on-street parking impact should be minimal for the neighborhood.
Walls/Fencing:
As specified by Municipal Code Section 18.52.122(B) a five or six-foot masonry wall will be constructed along the northerly and easterly property lines. A five-foot wood fence is proposed along the westerly property line along Olivera Street to enclose the private yard areas on that side of the property. A similar wood fence is currently proposed to enclose the Unit 103 ADU private yard. The final design and alignment of the ADU fencing will be established during zoning clearance review prior to issuance of a building permit and all fencing will meet the height, design and corner vision safety standards as established Municipal Code Sections 18.52.123 (Fence Height), 18.52.124 (Fence Design) and Municipal Code Section 18.08.250 (Corner Vision Cutback).
PUBLIC IMPROVEMENTS
The project will finance and complete the infrastructure improvements needed to serve the project. The project developer will install roadway paving on Olivera Street north of 12th Street and install curb, gutter and sidewalk improvements along the project frontage.
General Plan Conformance:
The following General Plan policies and objectives are applicable to the project:
Land Use Policy LU-1.4: The City will support the development of vacant and underutilized land with a mix of land uses that increases livability and benefits the community.
The project will develop this vacant and underutilized property with a total of eleven multi-family housing units. The project will support the objectives of the City’s Housing Element and state mandates to increase the overall housing supply.
Land Use Goal LU-9: To promote quality, attractive and self-sustaining residential development at all levels of affordability for all segments of the population.
The project exhibits a high-quality design both in terms of affordable livability for residents and in visual appearance. The landscape improvements and building architecture will complement and visually enhance the immediate surroundings.
CEQA Review
The project is exempt from further environmental review. The apartment project is on a small infill property less than five acres in size. The site is surrounded by urban development within the existing City Limits. Municipal services and facilities are in place; and the 0.34-acre is found to have no value for protected wildlife. Therefore, the project has been found to be exempt from CEQA based on the Class 32 (Small Infill Projects) Categorical Exemption (CEQA Sec. 15332).
PUBLIC NOTICE:
Staff published the required Public Hearing Notice in a newspaper of general circulation on Friday, September 1, 2023. Copies of the Public Hearing Notice were also mailed to property owners and occupants within a 300-foot radius of the subject property.
FISCAL IMPACTS:
Fiscal impacts are anticipated to be negligible. As noted, the project is an infill project located in an established neighborhood where City infrastructure and services are already provided. The project developer will install, and upgrade required utilities and public infrastructure necessary to serve the project.
CONCLUSION:
The project will improve a vacant and underutilized lot in the R-3 zoning district. The site plan, landscape plan and building architecture exhibit quality in design and visual appearance; and the living units and amenities will provide for a quality living environment for residents. The project will establish housing in a short walkable distance to the goods, services, entertainment opportunities and transportation facilities available in the City’s Downtown. The project developer will finance and improve this segment of Olivera Street to City standards. The eleven-unit 12th Street Apartment project will be a benefit for its residents and to the immediate neighborhood as well.
ATTACHMENTS:
1. Resolution No. 2023-73, including CEQA Notice of Exemption (Exhibit 1), Approval Findings (Exhibit 2), and Conditions of Approval (Exhibit 3).
2. Aerial Vicinity Map
3. Project Plans
RESOLUTION NO. 2023-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, APPROVING A DESIGN REVIEW PERMIT, 2023-055-DR FOR THE 12TH STREET APARTMENTS II AT THE NORTHEAST CORNER OF 12
TH STREET AND OLIVERA STREET (APN 115-035-001)
WHEREAS, Mr. Alec Schwend (“Designer/Applicant”), representing Mr. and Mrs. Trevor and Kim Crandall (“Property Owners/Developers”), has submitted an application to the City of Guadalupe for a design review permit (2023-055-DR) to allow the Crandall 12th Street Apartments multi-family development; and
WHEREAS, at full build-out the project will consist of nine apartments units and two accessory dwelling units (ADUs) on a 0.34-acre property in the R-3 (High Density Residential) zoning district; and
WHEREAS, Municipal Code Section 18.73.010(B)(6) specifies a Design Review Permit is required for any multiple-family development exceeding three dwelling units in the R-3 (High Density Residential) zoning district; and
WHEREAS, Government Code Section 65852.2(C)(ii) provides up to 25 percent of an attached multifamily building may be contain ADU living units when all other applicable procedural and design specifications of Government Code 65852.2 have been met; and WHEREAS, the Planning Department has evaluated the site plan and building plan for Design Review Permit 2023-055-DR and has concluded that there are no substantial constraints to preclude both the nine apartments and the subsequent approval of the two ADUs; and WHEREAS, the City Council held a duly-noticed public hearing on September 12, 2023, at which time all interested persons were given the opportunity to be heard, and notice of said hearing was published in the Santa Maria Times at least 10 days prior to the public hearing. Said public hearing notice of the hearing in three public places in the City (including one at the area affected) of said property also receiving notice; and
WHEREAS, after hearing evidence from City staff and taking public testimony, the City Council finds, pursuant to the Findings attached to this Resolution as Exhibit 2, including findings made pursuant to the California Environmental Quality Act, and subject to the project’s Conditions of Approval attached to this Resolution as Exhibit 3, that the approval of the Conditional Use Permit and Design Review is consistent with the City’s General Plan, applicable Articles of the City’s Municipal Code; and
ATTACHMENT 1
WHEREAS, the City Council finds that after completely reviewing this design review permit, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore, the activity is not subject to CEQA per CEQA Guidelines Section 15301, Existing Facilities, Exhibit 1; and
WHEREAS, the City Council finds that approval of the design review would be consistent with the City’s General Plan and the applicable provisions of Title 18 (Zoning Code) of the City of Guadalupe Municipal Code; and the Council therefore has the ability to make the required findings, including findings pursuant to the California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Guadalupe does hereby find and determine as follows:
SECTION 1. The Findings set forth in Exhibit 2 to this Resolution are true and correct in regard to Design Review 2023-055-DR which is hereby adopted and incorporated herein by this reference.
SECTION 2. After reviewing the project description and this design review completely, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA per CEQA Guidelines Section 15301, Existing Facilities.
SECTION 3. The Design Review Permit 2023-055-DR is approved, subject to the Conditions of Approval set forth in Exhibit 3 of this Resolution.
SECTION 4. The City Clerk shall certify as to the adoption of this Resolution.
SECTION 5. The Planning Director shall file Exhibit 1, Notice of Exemption, with the Santa Barbara County Clerk.
SECTION 6. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 12th day of September 2023 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-73, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held September 12, 2023, and that same was approved and adopted.
ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
Exhibits:
Exhibit 1 - CEQA Categorical Exemption
Exhibit 2 - Findings
Exhibit 3 - Conditions of Approval
Notice of Exemption EXHIBIT 1
To: County Clerk From: City of Guadalupe
County of Santa Barbara 918 Obispo Street
123 E. Anapamu Street Guadalupe, CA 93434
Santa Barbara, CA 93101
Project Title: Crandall 12th Street Apartments II
Project Applicant: Trevor and Kim Crandall
Project Location-Specific: Northeast corner of 12th Street and Olivera Street Project Location-City: City of Guadalupe Project Location-County: Santa Barbara County Description of Nature, Purpose, and Beneficiaries of Project:
The project is a Design Review (DR) permit, in accordance with Municipal Code Chapter 18.73, to allow construction of an eleven-unit multi-family development consisting of nine apartments, two future accessory dwelling units (ADUs); and associated parking, landscaping and open space on a 0.34-acre property in the R-3 (High Density Residential) zoning district. The project would support state housing directives and the City’s General Plan objectives to increase the City’s housing supply.
Name of Public Agency Approving Project: Guadalupe City Council Name of Person or Agency Carrying Out Project: Alec Schwend, Designer, MW Architects, on behalf of Trevor and Kim Crandall owner/builders.
Exempt Status: (check one)
__ Ministerial (Sec. 15268);
__ Declared Emergency (Sec. 15269(a));
__ Emergency Project (Sec. 15269(b)(c));
XX Categorical Exemption. Section 15332
__ General Exemption (Section 15061(b)(3))
Reasons why project is exempt:
The project consists of a nine-unit apartment complex and two accessory dwelling units (ADUs) on a 0.34- acre site in the R-3 Zoning District in the City of Guadalupe.
The project is exempt in accordance with CEQA Class 15332 because:
a) The project is consistent with the High Density Residential (21 - 30 DU/AC) General Plan land use designation and corresponding R-3 (High Density Residential) zoning on the property. b) The proposed development will occur on an infill site no more than five-acres in size (0.34-acre); and the property is wholly within the Guadalupe City limits. c) The project site is surrounded on three sides by urban uses; and by a mix of single-family and multi-family residential uses in the R-3 zone on the east, south and west, and unincorporated County lands are to the north.
d) There are no trees or vegetation present; and the property has no value as habitat for rare or endangered species.
e) Approval of the 11-unit complex would not result in significant effects related to traffic, noise, air quality, or water quality; and the infill site is adequately served by all required utilities and public services. The project includes design measures that are sustainable and encourage pedestrian activity and usage of other alternative transportation modes.
EXHIBIT 1
Based on the above, it can be seen with certainty that the proposed project could not have a significant effect on the environment.
Contact Person: Bill Scott (Area Code) Phone Number/Ext: (805) 478-4778 Signature: _______ Title: Contract City Planner
Date received for filing at County Clerk’s Office: ___________________________________________ (Form prepared March 2018)
EXHIBIT 2, FINDINGS FOR APPROVAL
DESIGN REVIEW PERMIT
CRANDALL 12TH STREET APARTMENTS II
2023-055-DR
1.0 CEQA Findings
1.1 CONSIDERATION OF THE CEQA EXEMPTION AND FULL DISCLOSURE The City Council has considered the Class 32 Categorical Exemption together with the comments received and considered during the public review process for the project. The Class 32 Exemption has been completed in compliance with CEQA and is adequate for this proposal.
1.2 FINDING OF NO SIGNIFICANT EFFECT
Based on the whole record, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA.
1.3 LOCATION OF DOCUMENTS
The documents and other materials which constitute the record of proceedings upon which this decision is based are in the custody of the City of Guadalupe, 918 Obispo Street, Guadalupe, CA 93434.
2.0 Administrative Findings
2.1 DESIGN REVIEW FINDINGS
Pursuant to City of Guadalupe Municipal Code, Section 18.73.100, a Design Review Permit shall be approved only if all the following findings can be made:
A. The buildings, structures, and landscaping are appropriate and of good design in relation to other buildings, structures, and landscaping on-site or in the immediate vicinity of the project.
The project has been designed with full consideration for both the livability for future residents and compatibility with the neighborhood in which the project is located. The surrounding area is in an original portion of the City and is typified by a mixture of singlefamily homes and multi-family developments on small infill lots. The proposed site, building orientation and building design is complementary to the project vicinity and setbacks and landscaping meet the established Municipal Code standards.
EXHIBIT 2
B. That the development will be compatible with the neighborhood, and its size, bulk and scale will be appropriate to the site and the neighborhood.
As noted, consistent with the buildings in the immediate area, the two-story apartment buildings have a maximum height of twenty-five feet 2-inches and the building exteriors include materials and colors that are harmonious and fitting with the immediate neighborhood.
C. There is harmony of material, color, and composition of all sides of a structure or building as well as consistency and unity of composition and treatment of exterior elevation.
The apartment buildings are of simple but attractive design. The architecture is described as a “Local Traditional” style. the exterior design includes a harmonious combination of Hardie board, board and batten and plaster siding, pitched composition shingle roofs, wood decks with steel railings and vinyl window frames. Exterior colors include beige exteriors, with sand trim and charcoal grey roofing. The building materials and colors relate harmoniously with one another.
D. Any mechanical or electrical equipment is well integrated into the total design concept and screened from public view to the maximum extent practicable.
Any mechanical and/or electrical equipment will be designed and located to minimize visibility and will be screened from public view as applicable.
E. All visible on-site utility services are appropriate in size and location.
All utility services are appropriate in their size and placement on the project site.
F. The grading will be appropriate to the site.
The property is generally flat, and the scope of grading will be limited. The grading is appropriate for the site; and will include stormwater treatment facilities to serve the functional needs of the project while landscaping will be appropriately placed to enhance the site appearance.
G. Adequate landscaping is provided in proportion to the project and the site with due regard to the preservation of existing trees, and existing native vegetation, and adequate provision will be made for the long-term maintenance of such landscaping.
The project site is a vacant infill site and there are no existing trees on the property.
Appropriate landscaping is provided throughout the project site, including but not limited to large tree plantings along the 12th Street frontage and additional trees are distributed throughout the site. The project has been conditioned to require permanent maintenance of the landscaped areas in accordance with Municipal Code 18.64.120.
H. The development will not adversely affect significant public scenic views.
The project would promote development of an underutilized infill site in this original portion of the City. There are no significant viewsheds in the project vicinity. The landscape and tree planting plan as well as associated public improvements are anticipated to improve the overall appearance of the project site and improve the appearance of the currently vacant lot.
I. All exterior site, structure and building lighting is well-designed and appropriate in size and location.
All exterior lighting fixtures shall be designed, located, directed, and shielded to minimize potential light and glare impacts on neighboring properties.
J. The proposed development is consistent with any additional design standards as expressly adopted by the City Council.
No additional design standards were required by the City Council. However, the project was designed in full consideration of the applicable historic and neighborhood preservation goals and objectives of the City’s General Plan.
K. The project architecture will respect the privacy of neighbors and is considerate of solar access.
The project is completely considerate of solar access and the site design and building placement, and building height will ensure no impact will result to the privacy of neighboring properties in the project area.
L. The project will provide for adequate street design and sufficient parking for residents and guests in a safe and aesthetically pleasing way.
Eight covered parking spaces are provided. The parking is accessed through a 20-foot-wide driveway. Each carport is provided a 25-foot back-out space. As noted, the project is found to meet applicable City and state regulations pertaining to parking.
M. The proposed development as shown on the project plans is in conformance with all applicable policies of the General Plan and the requirements of this title.
As noted, the project design is in full consideration of the urban design goals of the General Plan and the project meets the minimum standards established by the City of Guadalupe Municipal Code.
EXHIBIT 3
12TH STREET APARTMENTS
2023-055-DR
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. Project Description: Subject to the conditions set forth below, this permit authorizes the improvements and uses requested by Application No. 2023-055-DR, shown in the project plans on file with the City of Guadalupe. The project consists of the construction and occupancy of a multi-family development consisting of nine apartment units and two future accessory dwelling units (ADUs) on a 0.34-acre property; with a total of eighteen (18) City standard sized parking spaces; nine (9) of which will be covered; and decorative landscaping and private open space are provided as shown on the approved plan set.
Any deviations from the project description in the staff report, exhibits or conditions must be reviewed and approved by the City of Guadalupe for conformity with this approval. The project shall be constructed as shown on the plan set entitled 12th Street Apartments dated August 8, 2023 (Attachment 2), Deviations may require amendments to this permit, including additional CEQA review. Deviations without the abovedescribed approval will constitute a violation of the permit approval.
2. The Applicant agrees, as a condition of approval of this resolution to indemnify, defend and hold harmless, at Applicant’s expense, City and agents, officers, and employees from and against any claim, action or proceeding to attack, review, set aside, void, or annul the approval of this permit or to determine the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify the Applicant of any such claim, action or proceeding, to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney’s fees that the City may be required to pay as a result of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligation of this condition. Applicant’s acceptance of this permit approval or commencement of construction or operations under the approval shall be deemed to be acceptance of all conditions of approval.
3. If any condition imposing a fee, exaction, or dedication is challenged by the project sponsors in an action filed in a court of law or threaten to be filed therein which action is brought within the time period provided for by law, this this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final action. If any condition is invalidated by a court of law, EXHIBIT 3
the entire project shall be reviewed by the City and substitute conditions may be imposed.
4. In accordance with Sections 18,73.120 of the City the Municipal Code, this Design Review approval shall expire two (2) years from the date of approval, unless a building permit for the proposed improvements has been obtained prior to expatriation. Up to two one-year time extensions may be granted for good cause. An extension must be filed with the City prior to the permit expiration date. All of the following conditions shall be completed to the satisfaction of the City Engineer prior to issuance of certificate of occupancy, unless otherwise stated herein.
CITY ENGINEER CONDITIONS
All of the following conditions shall be completed to the satisfaction of the City Engineer prior to issuance of certificate of occupancy, unless otherwise stated herein.
Drawings/Administrative
5. All engineering submittals and drawings prepared by the applicant’s engineer shall be signed and sealed by a California licensed civil engineer.
6. Prior to construction, the developer shall provide a copy of a preliminary Title Report, no more than 6 months old to the City Engineer.
7. Park development and public facilities fees shall be paid per the master fee schedule.
8. Submit grading and drainage plans, including a geotechnical report providing technical specifications for grading of the site and prepared by a Geotechnical Engineer, to the City and Santa Barbara County Flood Control District for plan checking and comment.
Before building permits are issued, address all comments to the satisfaction of the City Engineer.
9. Upon approval of the improvement plans, the applicant shall provide a scanned pdf of the signed plans and three sets of prints of the signed improvement plans for inspection purposes.
10. The entire site shall be permanently maintained free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the City of Guadalupe Municipal Code. Any graffiti on the property shall be promptly painted out. All landscaping areas in the property shall be permanently maintained with healthy, growing plant material, free from weeds. Dead or dying plant material shall be replaced within one month of plant deterioration. Failure to comply with this condition is a public nuisance and is subject to the adopted citation ordinance of the City of Guadalupe.
Bonding
11. The applicant shall provide an engineer’s estimate for all work included on the public improvement plans. Bonds or other forms of securities shall be submitted as a guarantee for the construction of infrastructure improvements before the issuance of building permits.
Dedication
12. Before final inspections and acceptance of the public improvements, the applicant shall provide to the City Engineer record as-built drawings, signed by the engineer of record in the following method: one set of scanned pdfs, and one set of reproducible mylars.
13. Developer agrees to dedicate Public Works improvements to the City.
Infrastructure improvements
14. Public infrastructure improvements shall be designed and constructed in accordance with the City of Santa Maria standards (adopted by the City of Guadalupe), and the City of Guadalupe standard drawings when available. The decision of the City Engineer shall be final regarding the specific standards that shall apply.
15. The developer shall obtain an encroachment permit from the Building/Planning Department prior to any work in public streets, right-of-way, or easements.
Water
16. No certificate of occupancy shall be issued until adequate fire flows are verified.
17. All water meters shall be placed in the parkway, adjacent to the curb. Landscape area greater than 5,000 square feet requires a separate, appropriately sized irrigation meter.
18. For service lines already connected to the utility system, water and wastewater connection fees shall be based solely on an increase in water meter size and shall be calculated and collected prior to installation of the larger meter. For new water meters (except for ADUs) full connection fees shall apply, per the 2020-2021 master fee schedule. The owner shall pay for meter and all connection fees prior to issuance of the Building Permit.
19. MWELO - show extent of landscape. Under 2500 ft.², appendix D, over 2500 ft.² submit checklist.
Sewer
20. All sewer lines on-site shall be privately owned and maintained. Drawings shall label all privately owned lines as such. Private sewer lines shall tie into the public sewer main
using a wye connection. Sewer laterals shall not be connected to the public sewer main with a manhole.
Storm
21. The project shall comply with all Municipal Separate Storm Sewer System (MS4) requirements. Low Impact Development, best management practices and similar regulations and guidelines shall be met. The design shall comply with the Santa Barbara County Post Construction Requirements, Stormwater Technical Guide, and all future updates.
22. Stormwater control plans are required for all projects with new and replaced impervious surface greater than 2500 ft.²
23. The applicant shall submit drainage calculations or an updated drainage report with the public improvement plans.
24. Submit an Erosion and Drainage Control Plan to the City Engineer for review and approval prior to construction. The plan shall reflect “Best Management Practices” as proposed in the California Regional Water Quality Control Board Erosion and Sediment Control Field Manual and shall include both temporary measures (to be used during construction, and until permanent measures are completed/established) and permanent measures. Erosion control measures shall be in place and approved by the City before the start of construction. The plan shall include both source control and perimeter containment measures. All Drainage and Erosion Control Measures shall be designed and sized by a qualified professional.
25. All storm drain infrastructure located on-site and required by the Post-Construction Requirements (PCRs) adopted by the California Regional Water Quality Control Board for the Central Coast Region shall be privately owned and maintained.
26. Install Storm Drain Markers on all drainage inlets and bioretention signage on all bioretention areas.
27. Prior to final occupancy, an “Owner’s Agreement to Construct and Maintain Private Drainage Improvements for Water Quality” on all private lots where LID measures are required must be approved, signed by the owner and City, and recorded. A template is available from the City Engineer.
28. Prior to final occupancy and if required, a “Storm Water Control Measures Certification of Approval” must be signed and stamped by a California Registered Engineer, Architect, Geologist and/or Landscape Architect and submitted to the City Engineer. A template is available from the City Engineer.
Overhead power lines
29. All new and existing electrical, telephone, and communication utility distribution service wires onsite and in adjacent easements shall be placed underground.
Solid waste
30. Provide a trash enclosure and dumpster located on the west end of the asphalt drive.
Follow City of Santa Barbara trash enclosure guidelines (available upon request).
Street/sidewalk
31. Applicant shall repair any cracked or broken curb, gutter, driveway, and sidewalk within the project frontage. Public Works staff will determine the extent of the sidewalk and curb and gutter repair in the field prior to construction. Driveways shall be flush with adjacent sidewalk.
32. Olivera street paving shall be from new curb and gutter to the existing asphalt.
33. Upgrade adjacent curb ramps.
PLANNING DEPARTMENT CONDITIONS
34. Additional Permits Required: The use and/or construction of any structures or improvements authorized by this approval shall not commence until all necessary planning and building permits are obtained. Before any Permit is issued by the Building Department, the Owner/Applicant must obtain written clearance from all determents having conditions. Such clearance shall indicate that the Owner/Applicant must obtain written clearance from all departments having conditions. Such clearance shall indicate that the Owner/Applicant has satisfied all pre-construction conditions.
35. Accessory Dwelling Units: No accessory dwelling units (ADUs) are approved under this Design Review Permit. In accordance with Municipal Code Chapter 18.53 a maximum of two ADUs may be permitted. The specifications of any ADUs, including but not limited to floor plans, parking, and private open space, shall be established in accordance with Municipal Code Chapter 18.53 during zoning clearance review prior to issuance of a building permit.
36. Parking: Required off-street parking for apartments is based on Municipal Code Section
18.60.050 which specifies multifamily dwellings shall provide two (2) off-street parking spaces per unit, one of which shall be covered. ADU Parking requirements are based on the standards specified in Municipal Code Chapter 18.53. Based on a total of nine (9) apartments and two ADUs, off-street parking spaces shall be provided as follows:
a) Apartment Parking: For the nine apartment units, a total of eighteen (18) parking spaces shall be provided, a minimum of nine (9) of which shall be covered.
b) ADU Parking: As shown on the Site Plan, the applicant is proposing a parking exemption for the two ADUs. ADU parking requirements will be established separately during the ministerial (zoning clearance) review process in accordance with Municipal Code Chapter 18.53.
c) Parking Design: The design of parking spaces and vehicle accessways shall meet the specifications of Municipal Code Section 18.60.030 to the satisfaction of the City.
37. Walls and Fences: In accordance with Municipal Code Section 18.52, the project shall construct the following:
a) A five to six-foot masonry wall along the rear (north) and the side yard boundaries of the development.
b) A five to six-foot wood fence shall be constructed along the westerly project boundary to enclose the westerly private yards.
c) The final design and alignment of the fencing to enclose the Unit 103 private yard shall be determined during zoning clearance review and approval. d) The parking lot shall be screened from off-site view with a wall, fence, berm or combination thereof as approved by the Planning Department. e) The design of the walls and fencing shall be to the satisfaction of the Planning Department, the specifications of which shall be provided on the plans submitted for a zoning clearance, prior to issuance of a building permit. f) All walls and fences shall meet minimum height and design standards as specified in Municipal Code Chapter 18.52 and shall be completed to the satisfaction of the City prior to issuance of an occupancy clearance.
38. Landscaping: Locations and landscape coverage shall as shown on the approved Conceptual Landscape Plan.
a) Prior to issuance of Zoning Clearance, the applicant shall submit a Final landscape Plan for review and approval by the Planning Director.
b) Prior to the first occupancy clearance, the project shall have all landscaping planted. c) The type, size, density, and configuration of new plants shall be selected to maximize successful establishment and growth to achieve this landscaping objective within a reasonable period of time after installation.
d) Landscaping shall be installed and maintained per the City-approved landscape and irrigation plan and maintained for the life of the project. e) Plant locations may be adjusted in the field (as directed by Planning staff) to achieve landscaping objectives.
f) The applicant shall contact City Planning staff at least 48 hours prior to request for occupancy clearance in order to verify that landscaping and irrigation has been installed according to the approved plans, Failure to comply with the requirements could jeopardize issuance of the occupancy clearance.
39. Landscape Maintenance: Landscape materials shall be planted substantially as shown on the approved Conceptual Landscape Plan, identified as Exhibit L1 attached hereto and incorporated herein.
a) Trees and larger shrub plantings shall be selected to be generally symmetrical and installed in healthy condition. Any damaged or otherwise unhealthy plant material shall be immediately removed and replaced.
b) To minimize the potential for bent or leaning, or miss-sharpen trees, tree plantings shall be staked until determined to be established as vertical and upright and not immediately subject to permanent wind disfigurement.
c) The Property Owner and their successors shall be responsible for the long-term maintenance of the landscaped areas. All required landscaping shall be maintained in good condition. Such maintenance shall include, where appropriate, pruning, moving, weeding, cleaning, fertilizing and watering. Whenever necessary, plant materials shall be replaced, and any structural materials included in the basic landscaping design shall be repaired or replaced.
d) All shrubs and plants shall be of a minimum size of one gallon, or equivalent, at the time of installation, and all trees shall be of a minimum size of 15 gallons, or equivalent, at the time of installation.
40. Decorative Architectural Features: Decorative planters shown beneath windows on the building plans, or an equivalent decorative, feature shall be incorporated into the project to the satisfaction of the Planning Department, prior to issuance of an occupancy clearance. Applicant is responsible for ensuring the long-term maintenance of any such decorative features.
Zoning Clearance: Pursuant to Guadalupe Municipal Code section 18.12.010 no building permit shall be issued until a zoning clearance has first been issued by the City.
Prior to a building permit submittal, the applicant shall submit an application for a zoning clearance to the Planning Department. The zoning clearance application shall include the following materials:
a) A Ministerial application (online) for zoning clearance. b) Copies of the site plan, final landscape and irrigation plan (as applicable), color board, and floor plans.
c) Fees: Contact Alice Saucedo, Permit Technician at: (805) 356-3903 [email protected] for retail commercial zoning clearance processing fees.
d) Signed Agreement to comply with conditional use permit conditions.
41. Commencement of work: The applicant shall notify City Planning Department and City Building Department staff of the start date for construction at least five (5) working days in advance of the start of work. This notification shall also include an estimated construction schedule and a truck haul route for demolished and recycled materials.
The applicant shall also notify City staff of the completion of construction and demolition work no more than one working day upon completion.
42. Recycling: Excess construction materials and demolition materials shall be recycled to the extent feasible and proof of recycling in the form or receipt from the recycling facility noting recycled materials and amounts shall be provided to City staff.
43. Agreement to Comply: Approval of this Design Revie is not valid until the property owner or authorized agent signs and returns the Agreement to Comply form, agreeing to the terms and Conditions of Approval. The signed form must be submitted to Planning Department prior to issuance of a Zoning Clearance.
44. Compliance with Conditions: The applicant shall comply at all times with these conditions. If complaints are filed with the City, staff will review the complaints and determine if a meeting with the applicant and complainants can resolve the issue(s). If no resolution is reached, a hearing will be scheduled before the City Council for staff to present a recommendation to resolve the issue(s). The applicant shall be responsible for the fees to cover staff time.
45. Construction Hours: The Owner/Applicant, including all contractors and subcontractors shall limit construction activity, including equipment maintenance and site preparation, to the hours between 7:00 a.m. and 5:00 p.m. Monday through Friday. No-noise generating construction shall occur on weekends or state holidays. Non-noise generating interior construction activities such as plumbing, electrical, drywall and painting (which does not include the use of compressors, tile saws, or oth noise-
generating equipment) are not subject to these restrictions. The applicant is advised that building inspector and planning staff will spot check and responds to complaints.
46. Design Review Expiration: The Owner/Applicant shall obtain the required Zoning Clearance within 24 months following the effective date of this Design Review Permit.
If the required Zoning Clearance is not issued within 24 months following the effective date of this Design Review Permit, or within such extended period of time as may be authorized in compliance with Section 18.73.120.B of the Guadalupe Municipal Code, and an application for an extension has not been submitted to the Planning Department, then the Design Review permit shall be considered void and of no further effect.
47. Design Review-Void: This Design Review Permit shall become void and be automatically revoked if the development and/or authorized use allowed by this time Design Review Permit is discontinued for a period of more than 12 months, or within such extended period as may be authorized in compliance with Section 18.73.120.B of the Guadalupe Municipal Code. Any use authorized by this Design Review Permit shall immediately cease upon expiration or revocation of this Design Review Permit. Any Zoning Clearance approved or issued pursuant to this Design Review Permit shall expire upon expiration or revocation of the Design Review Permit. Design Review Permit renewals must be applied for prior to expiration of the Design Review Permit.
48. Plans Requirements: The Owner/Applicant shall ensure all applicable final conditions of approval are printed in their entirety on applicable pages of grading/construction or building plans submitted to the Building Department.
49. Contractor and Subcontractor notification: The Owner/Applicant shall ensure that potential contractors are aware of City conditions and requirements. Owner/Applicant shall notify all contractors and subcontractors in writing of the site rules, restrictions, and Conditions of Approval and submit a copy of the notice to Planning Staff.
50. Time Extensions: The Owner/Applicant may request a time extension prior to the expiration of the permit or entitlement for development. The review authority with jurisdiction over the project may, upon good cause shown, grant a time extension in compliance with City rules and regulations, which include reflecting changed circumstances and ensuring compliance with CEQA. If the Owner/Applicant requests a tie extension for this permit, the permit may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed circumstances or additional identified project impacts.
51. Archaeological Resources: In the unexpected event archeological or paleontological resources are unearthed during project construction, all earth disturbing work within the project area of potential effect (APE) must be temporarily suspended until an
archaeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume. A Native American representative should monitor any archaeological field work associated with Native American materials.
52. Outdoor Lighting: The project is required to comply with standard lighting requirements per the Guadalupe Municipal Code, which requires that light and glare be minimized on any adjacent properties.
a) All exterior lighting shall include full cut-off fixtures located to minimize the encroachment of excessive light and glare on neighboring properties. b) Exterior lighting shall be shown on all Building plans prior to approval of the Zoning Clearance and Building Permit.
53. Stormwater: The project shall establish and implement a Stormwater Control Plan, in accordance with the protocol established by the Project Clean water Technical Guide. a) Prior to issuance of a building permit a Stormwater Control Plan shall be approved by the City; and the measures identified shall be fully constructed to the satisfaction of the City.
b) All stormwater control measures, and associated landscaping shall be maintained by the property owner(s) and their successors for the life of the project.
54. Fees: Prior to issuance of a building permit, the applicant shall pay all fees due to the Planning Department and those applicable fees to Building at the time of permit issuance.
55. Site Maintenance General: The property and all of the facilities, including but not limited to buildings; parking areas; carport structures and trash enclosures and their immediate areas shall be maintained in an orderly manner and free of accumulations of dirt, litter to the satisfaction of the City; and as further specified by Municipal Code Chapter
18.050.070.
56. Fence and Wall Maintenance: Fences and walls shall be maintained in an upright vertical and unbroken condition and in accordance with Municipal Code Chapter 12.52.125. Any graffiti shall be removed within 48-hours.
BUILDING DEPARTMENT
57. Permits. A building permit application, plans and specifications demonstrating compliance with current California Building, Fire, Plumbing, Mechanical, Electrical,
Green Building and Energy Standard Code requirements is to be submitted and permits obtained prior to construction.
58. Design Professional Required. Plans for the project shall be prepared signed and sealed by a California registered design professional, i.e. architect or engineer.
59. Soils Report Required. A soils (Geotechnical) report will be required for the project and must be submitted at the time of building permit application. [C.B.C., §1803]
60. Undergrounding Required. All electrical, telephone and communication utility distribution and service wires shall be placed underground.
61. Water Meters. Utility or customer submetering of the domestic water supply is required for each unit in multiunit (2 or more) residential structures.
62. Truss Calculations. The City of Guadalupe requires truss calculations and their design to be submitted at the time of building permit application. C.B.C. §107.3.4.1
63. Fire Sprinklers. New Group R occupancies are required to be protected by an automatic sprinkler system in accordance with C.B.C. Section 903.2.8. Fire sprinkler systems require separate review, approval and permit and are not within the scope of the building permit application for the structures.
64. Alarm Systems. Fire alarm systems, smoke alarms and carbon monoxide alarms shall be provided in Group R-2 and R-3 occupancies, as applicable. C.B.C., §420.5
65. Fire Barriers. Fire barriers separating dwelling units and other occupancies shall be constructed in accordance with C.B.C., Section 707 and horizontal assemblies separating dwelling units and other occupancies shall be constructed in accordance with C.B.C., Section 711. In addition to the fire resistive construction, walls and floor/ceiling assemblies separating dwelling units shall be designed to provide a sound transmission class rating in compliance with C.B.C., Section 1207.
66. Photovoltaics. The project shall incorporate solar photovoltaic system(s). Show the PV array locations on the elevation plans as applicable. [C.En.C. §110.10(a)2]
67. Waste Management. After the issuance of a building permit, the applicant shall submit a waste management plan to the Building Division. The plan shall include the estimated composition and quantities of waste to be generated and how the project developer intends to recycle at least 65 percent of the total job site construction and demolition waste measured by weight or volume. Proof of compliance shall be provided to the Chief Building Official prior to the issuance of a final inspection. During demolition and construction, the project developer shall mark all trash disposal bins “trash materials only” and all recycling bins “recycling materials only.”
FIRE DEPARTMENT CONDITIONS
68. Fire Hydrant. Sheet C2.0; Identify existing or proposed Fire Hydrants and show compliance with the Amended City of Guadalupe Municipal Fire Code §15.08.030, Appendix C Table C102.1; Number and Distribution of Fire Hydrants.
69. Emergency Contact Information. An "Emergency Contact Information" form shall be provided to the Guadalupe Fire Department (GFD) prior to the issuance of Building Permits.
70. Address Numbers. The proposed location and design of address numbers shall be shown on plans. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and clearly visible from the centerline of the street or road fronting the property.
These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches in height with a minimum stroke width of 0.5 inch (12.7mm) for residential occupancies and 6 inches (152 mm) high with a minimum stroke of 0.75 inch (19 mm) for commercial and industrial occupancies. Numbers and/or letters of larger size may be required based on the size and design of the building or groups of buildings. Where access is by means of a private road and the building cannot be viewed from the public way, a monument pole or sign or means shall be used to identify the structure. Address identification shall be maintained.
71. Access. Fire Department Access requirements shall comply with the Fire Code of the City of Guadalupe Chapter 8, Title 15 of the Guadalupe Municipal Code (GMC), 2019 California Fire Code (C.F.C.), Section 503 and C.F.C. Appendix D. All weather surface access roads shall be installed and approved by the Fire Department prior to the issuance of a building permit or start of construction unless otherwise approved by the Fire Code Official.
72. Access Roads. An approved Guadalupe Fire Department (GFD) access road shall extend to within 150 feet of all portions of the exterior walls of the first story of the building, as measured by an approved route around the exterior of the building. a. All weather surface access roads shall be installed and approved by the GFD prior to vertical combustible construction.
73. Temporary Access Roads. Plans for temporary access roads shall be reviewed, inspected and approved by the GFD prior to construction, in accordance with C.F.C. Section 501.
Temporary access roads shall be constructed with compacted base, curbs and gutters prior to vertical combustible construction. Access roads shall be maintained clear and unobstructed for the duration of the construction project.
74. Temporary Fire Access Road Signage. Temporary access signage shall be placed at each entrance to the project (when necessary) to delineate construction and fire access.
These signs shall be installed prior to combustible construction.
75. Fire Lane Sign Requirements. No Parking/Fire Lane signs must follow these guidelines:
a) The CVC Code 22500.1 (CVC 22500.1) must be imprinted on the bottom of the sign. b) All lettering shall be red on white reflective background no smaller than 2 inches in height.
c) The sign shall be no smaller than 12 inches wide by 18 inches high. d) The sign shall be securely mounted facing the direction of travel and clearly visible to oncoming traffic entering the designated area. Signs shall be of durable material. e) Signs shall be installed at all driveway entrances and at intervals of not less than 100 feet along all designated fire lanes.
76. Fire Lane Curb Painting Requirements. Where a curb exists adjacent to a fire lane, the top and face of the curb shall be painted with red traffic paint. Where the curb is discontinued, a red stripe and stencil as described below shall be painted to define the fire lane. Red curbs, red stripes and white stencils must be maintained in good condition and follow these guidelines:
a) The face of the curb shall be stenciled with the words: NO PARKING FIRE LANE in white block letters a minimum 4 inches in height.
b) The stencil must be painted on the FACE of the curb. Exception: Under circumstances where the curb height is less than 4 inches, the stencil may appear on the top of the curb.
c) The stencil must appear every 50 feet or less, depending on the configuration of the fire lane. (Where a small island cannot contain both phrases, FIRE LANE must appear the NO PARKING may be omitted).
d) Where no curb exists adjacent to the fire lane, the edge of the fire lane shall be marked with an 8-inch-wide red stripe. In addition, a diagonal 8-inch-wide red stripe may be required between the edges of the fire lane, with the diagonal stripe connecting the stripes or curbs at the edges of the fire lane. The spacing of the diagonal stripe is every 50 feet.
e) The stripe shall be stenciled with the words NO PARKING FIRE LANE in white block letters, minimum 4 inches in height.
f) The stencil must appear every 50 feet or less, depending on the configuration of the fire lane. If the fire lane is less than 50 feet the stencil must appear at the beginning and end of the fire lane.
77. Water Supply for Fire Protection. An approved water supply for fire protection shall be installed and made fully operational prior to the delivery of combustible materials to a job site. The Fire Code Official shall inspect and approve the water system prior to the delivery of combustible materials at the job site.
78. Portable Fire Extinguishers. Structures under construction, alteration or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with C.F.C., Section 906 and sized for not less than ordinary hazard as follows:
a) At each stairway on all floor levels where combustible materials have accumulated. b) In every storage and construction shed.
c) Throughout the building under construction in sufficient quantity so travel distance does not exceed 75 feet (23 m).
d) The minimum rating for fire extinguishers shall be 2A10BC. e) Additional portable fire extinguishers shall be provided where special hazards exist including, but not limited to, the storage and use of flammable and combustible liquids.
f) Fire Flow. Fire flow shall comply with C.F.C., Appendix B. The minimum fire flow for this R-2 project shall be 500 gallons per minute for a 1/2 hour (based on Type V Construction with fire sprinklers).
79. Fire Sprinkler Systems. Automatic Fire Sprinklers are required for the proposed R-2 occupancy and as otherwise required by the C.F.C.. Deferred submittal of fire sprinkler plans and calculations is permitted. The plans and calculations shall be signed and sealed on every sheet by a registered Fire Protection Engineer or Fire Protection Contractor.
80. Fire Department Connection (FDC). FDCs shall be located on the front access side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the Fire Chief or his/her designee. The FDC shall:
a) Face the public street or fire lane fronting the protected building and be installed so the center line of the connection is a minimum of 36 inches above finished grade. b) Within 40 feet of an approved roadway or driveway and arranged so that hose lines can be readily attached to the inlets without interference. c) Within 50 feet of an approved fire hydrant.
d) Be equipped with Knox Brand locking caps.
e) All Fire Department Connections, fire sprinkler risers, standpipes connections, and fire pump connections shall be provided with a sign identifying its location in accordance with standards established by the Fire Code Official. Where the FDC does not serve the entire building, a sign shall be provided indicating the portion of the building served.
f) A 5-foot (1.5 m) clear space shall be maintained in front of the FDC when placed directly in front of a parking area or road. Where the clearance required intrudes into the road or parking area the Fire Lane Curb Painting Requirements in C.F.C., Appendix Section D103.6.4 must be applied.
81. Fire Alarm System. A fire alarm system shall be installed in accordance with the C.F.C. and N.F.P.A. 72 standards. All alarm systems shall have an alarm permit issued by the Guadalupe Police Department. Permit shall be obtained prior to final occupancy approval. The fire alarm system shall be certificated by Underwriters Laboratories or an equivalent nationally recognized organization.
a) Deferred submittal of fire alarm plans is permitted. The plans shall be signed and sealed, on every sheet, by a registered Fire Protection Engineer or Fire Protection Contractor licensed in California.
b) A Fire alarm system, at a minimum incorporating tamper switches on control valves and a Central Station service for the water flow alarm shall be installed for fire sprinkler systems.
82. Smoke and Carbon Monoxide Detectors/Alarms. Smoke and Carbon Monoxide Detectors/Alarms shall be installed in accordance with the C.F.C., C.B.C., and N.F.P.A.
72. 83. Inspections/Approvals. The Fire Department shall inspect/approve the following:
a. Fire access road(s): prior to vertical combustible construction. b. Fire hydrants: prior to vertical combustible construction. c. Water mains: prior to vertical combustible construction.
d. Underground fire sprinkler piping: prior to concealment. e. Overhead fire sprinkler piping: prior to installation. f. Fire Alarm system acceptance test: prior to occupancy clearance. g. Fire Department Key Box; mounted in proper location w/key(s) inside: prior to occupancy clearance.
h. The Fire Department shall be given 48 hours minimum notice for all inspections via the inspection request line 805-356-3905.
i. All permits shall be issued prior to start of any work.
End of Conditions
ATTACHMET 2
SITE & VICINITY MAP
8/29/2023 8:35 AM J O B N O . D A T E
NEW BUILDINGS FOR: 12TH ST APARTMENTS
APN 115-035-001 GUADALUPE, CA SITE CITY OF GUADALUPE FIRE DEPARTMENT P.O. BOX 908 FIRE SAFETY DEPARTMENT SANTA BARBARA, CA 93110 COUNTY HEALTH DEPARTMENT GUADALUPE, CALIFORNIA 93434 811 GUADALUPE, CA 93434 (805) 356-3903 GUADALUPE, CA. 93434 (805) 343-2112 POLICE DEPARTMENT (805) 681-5102 300 N. SAN ANTONIO RD. (805) 356-3905 918 OBISPO STREET UNDERGROUND SERVICES 918 OBISPO STREET PUBLIC WORKS 800-743-5000 201 W. MAIN STREET THE GAS COMPANY 800-427-2000 VERIZON 2120 S. BROADWAY (888) 406-7063 1146 W BRANCH ST SUITE B-2 CHARTER-SPECTRUM COMMUNICATIONS SANTA MARIA, CA 93454 ARROYO GRANDE, CA 93420 PACIFIC GAS & ELECTRIC SAN LUIS OBISPO, CA 93401 406 S. HIGUERA STREET SANTA MARIA, CA 93454 (805) 928-7433 CITY OF GUADALUPE BUILDING AND CITY OF GUADALUPE CITY OF GUADALUPE GUADALUPE, CA. 93434 (805) 356-3889 918 OBISPO STREET AGENCIES . 5 M I L E R G E PROJECT DESCRIPTION CONSTRUCTION OF A MULT-FAMILY APARTMENT BUILDING CONSISTING OF 3 CARPORTS WITH 3 UNITS ON THE FIRST FLOOR, 6 UNITS ON THE SECOND FLOOR, AND 2 ADU'S (ONE ADAPTABLE). SITE WORK INCLUDES NEW AC PAVING, CONCRETE FLATWORK, LANDSCAPE, AND 18 PARKING STALLS (9 COVERED, 9 OPEN). VICINITY MAP DP1 TITLE SHEET DP2 SITE PLAN DP3 FLOOR PLANS DP4 FLOOR PLANS DP5 ELEVATIONS DP6 SECTIONS DP7 PERSPECTIVES L1 LANDSCAPE DP1 12TH ST APARTMENTS GUADALUPE, CA BUILDING SUMMARY CODES IN EFFECT ALL CODES REFERENCED SHALL BE CALIFORNIA EDITIONS. THE CODES REFERENCED IN THESE PLANS ARE AS FOLLOWS: a. 2023 CALIFORNIA BUILDING CODE (CBC) b. 2023 CALIFORNIA MECHANICAL CODE (CMC) c. 2023 CALIFORNIA PLUMBING CODE (CPC) d. 2023 CALIFORNIA FIRE CODE (CFC) e. 2023 CALIFORNIA ELECTRICAL CODE (CEC) f. 2023 CALIFORNIA GREEN CODE (CGC) g. CALIFORNIA STATE ENERGY CONSERVATION STDS. (TITLE 24) h. COUNTY LAND USE ORDINANCE (TITLE 22) i. COASTAL ZONE LAND USE ORDINANCE (TITLE 23) j. COUNTY BUILDING AND CONSTRUCTION ORDINANCE (TITLE 19). k. 2023 GUADALUPE MUNICIPAL CODE SHEET INDEX TEAM LIST OWNER: CRANDALL, TREVOR & KIM P.O. BOX 2398 NIPOMO, CA 93444 ARCHITECT: MW ARCHITECTS 330 S. HALYCON RD. ARROYO GRANDE, CA 93420 805.544.4334 EXT. 101 REP: ALEC SCHWEND EMAIL: [email protected] STRUCTURAL: TBD ENGINEER ----- #23843 8/8/2023 BUS STOP 10TH & SENIOR CENTER BUS STOP PERALTA & 11TH SITE SUMMARY PARKING REQUIREMENTS ATTACHMENT 3
WH WH WH WH WH WH WH WH WH WH S S W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE 20'-0" SETBACK15'-0" SETBACK20'-0"
24'-0" 16'-6" 2'-6" OH19'-0" 3 BED / 1 BATH 880 SF 2 BED / 1 BATH 540 SF FUTURE ADU (ADA ADAPTABLE) 2 BED / 1 BATH 625 SF 3 BED / 2 BED 930 SF 2 BED / 1 BED 530 SF FUTURE ADU UNIT 103 YARD UNIT 104 YARD UNIT 102 YARD 22'-0" T R
T R
T R
T R
10'-0" COVERED PARKING COVERED PARKING COVERED PARKING
8'-0" YARD
30'-312" YARD UNIT 101 YARD
24'-11" YARD
29'-9" YARD
17'-112" YARDUNIT 105 YARD UTILITY RM UTILITY RM LAUNDRY TRASH 8/29/2023 8:35 AM J O B N O . D A T E NEW BUILDINGS FOR: 12TH ST APARTMENTS
APN 115-035-001 GUADALUPE, CA DP2 1. WHEREVER PRACTICABLE, GRADING SHOULD PRESERVE, MATCH, OR BLEND WITH THE NATURAL CONTOURS OF THE LAND. 2. WHENEVER PRACTICABLE, TREES AND NATIVE VEGETATION SHOULD BE RETAINED. 3. SLOPES, BOTH CUT AND FILL, SHALL NOT BE STEEPER THAN THREE RUN TO ONE RISE (3:1) GRADING AND DRAINAGE NOTES STORMWATER ANALYISIS IMPERVIOUS SURFACE VALUES PRE PROJECT: IMPERVIOUS AREA= 0 SF SITE AREA= 15,246 SF POST PROJECT: IMPERVIOUS AREA = 11,126 SF NET IMPERVIOUS= +11,126 SF PER DEVELOPMENT STANDARD 5.50.080.C.3: "NEW CONSTRUCTION THAT RESULTS IN AN INCREASE TO IMPERVIOUS SURFACE AREA EQUAL TO OR GREATER THAN 40%, ON-SITE DRAINAGE RETENTION SHALL BE REQUIRED FOR ALL EXISTING AND NEW IMPERVIOUS SURFACE AREAS. STORAGE CHAMBERS PROPOSED IN PARKING LOT. 1. FLOOR ABOVE 2. NEW DRIVEWAY APRON PER TO CITY OF SANTA MARIA STANDARD DTL. RD-12 3. 6" CONCRETE CURB 4. STAIRS TO FLOOR ABOVE 5. 30" VEHICLE OVERHANG 6. EXISTING FIRE HYDRANT 7. EXISTING POWER POLE 8. EXISTING UTILITIES OVERHEAD 9. EXISTING 8" WATER LINE 10. EXISTING 8" SEWER LINE 11. NEW SEWER LINE AND TIE IN 12. NEW SEWER CLEAN OUT PER CITY OF SANTA MARIA STANDARD DTL. SS-12B 13. NEW WATER LINE AND TIE IN 14. NEW SIDEWALK PER CITY OF SANTA MARIA STANDARD DTL. RD-11 15. EXISTING SIDEWALK 16. EXISTING PAVED ROAD 17. NEW 6' TALL CMU SITE WALL 18. NEW WATER METERS PER CITY OF SANTA MARIA STANDARD DTL. WA-23B #23843 8/8/2023 0 4' 8' 16' TRUE REFERENCE NOTES A 1 B C D 2345 A B C D 12345 AA A AC WH WH WH WH WH WH WH WH WH WH UP UP UP T R T R T R T R T R T R UTILITIES T R BATH BATH BATH BATHBED 1 BED 1 BED 2 BED 1 BED 2 BED 2 BED 3 OFFICE BED 3 KITCHEN OFFICE KITCHEN KITCHEN LIVING RM LIVING RM LIVING RM OFFICE TRASH LAUNDRY 3-STALL CARPORT UTILITIES UTILITIES 3-STALL CARPORT 3-STALL CARPORT 31'-612" 21'-1012" 28'-7" UNIT #102 UNIT #103 *FUTURE ADU* UNIT #104 82'-0" 31'-9" 25'-1" 86'-3"
33'-012" 24'-0" UNIT #105
UNIT #101 ADA ADAPTABLE *FUTURE ADU* FUTURE ADU FUTURE ADU 8/29/2023 8:35 AM J O B N O . D A T E NEW BUILDINGS FOR: 12TH ST APARTMENTS
APN 115-035-001 GUADALUPE, CA TRUE 0 3' 5' 11' DP3 1. HIGH WINDOWS 2. FLOOR AND/OR ROOF ABOVE 3. STRUCTURAL POST REFERENCE NOTES #23843 8/8/2023 TYP. TYP.
A 1 B C D 2345 A B C D 12345 AA A AC WH DN DN DN OPEN TO BELOW BED 1 BED 1 BED 1 BED 1 BED 1 BED 1 BED 2 BED 2 BED 2 BED 2 BED 2 BED 3 OFFICE BED 3 OFFICE BED 3 BED 3 BED 3 KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN KITCHEN LIVING RM LIVING RM LIVING RM LIVING RM LIVING RM FOYER FOYER FOYER BATH BATH BATH BATH BATH BATH BATH BATH BATH BATH BED 2 LIVING RM DECK DECK DECK DECK DECK DECK 31'-9" 46'-7" 88'-3"
31'-3" 8/29/2023 8:35 AM J O B N O . D A T E
NEW BUILDINGS FOR: 12TH ST APARTMENTS
APN 115-035-001 GUADALUPE, CA DP4 1. ROOF BELOW 2. HIGH WINDOW 3. COMMON SPACE REFERENCE NOTES #23843 8/8/2023 TRUE 0 3' 5' 11' PL PL 9'-1" TOPL 0'-0" FF0'-0" FF9'-1" TOPL RIDGE RIDGE 12 6 12 6 12 6 12 6 PL PL 9'-1" TOPL 0'-0" FF0'-0" FF9'-1" TOPL RIDGE RIDGE 12 6 12 6 12 6 12 6 12 6 12 6 PL PL 9'-1" TOPL 0'-0" FF0'-0" FF9'-1" TOPL RIDGE RIDGE 12 6 12 6 12 6 12 6 12 6 12 6 PL PL 12 6 12 6 12 6 12 6 12 6 12 6 8/29/2023 8:35 AM J O B N O . D A T E NEW BUILDINGS FOR: 12TH ST APARTMENTS
APN 115-035-001 GUADALUPE, CA X# A2 B1D7 C8 DP5 1. SMOOTH TROWEL PLASTER 2. COMPOSITE SHINGLE ROOF 3. 2X WOOD FASCIA BOARD 4. WOOD DECK FRAMING 5. HOG WIRE FENCING 6. VINYL WINDOWS 7. BOARD AND BATTEN SIDING 8. HARDIE BOARD SIDING 9. WOOD TRELLIS COVERING MATERIAL & COLOR DESIGNATIONS MATERIAL DESIGNATIONS MATERIAL NUMBER COLOR DESIGNATION A. FACTORY FINISH- CHARCOAL B. SAND - KM41 "SNIP OF TANNIN" OR SIMILAR C. NAVY BLUE - KM306 "NIGHT SKY" OR SIMILAR D. GRAY - KM4885 "ANCESTRAL WATER" OR SIMILAR E. WHITE F. FACTORY FINISH - WHITE COLOR DESIGNATIONS MATERIAL & COLOR EXAMPLES #23843 8/8/2023 0 4' 8' 16' SOUTH 12TH STREET WEST OLIVERA STREET NORTH OPEN SPACE EAST NEIGHBORING LOT 9'-1" TOPL 0'-0" FF9'-1" TOPL 0'-0" FF RIDGE RIDGE LIVING RM BED 2 / BED 1 OFFICE BED 2 / OFFICE BED 3 BED 2 BED 3 BED 2 8/29/2023 8:35 AM J O B N O . D A T E NEW BUILDINGS FOR: 12TH ST APARTMENTS
APN 115-035-001 GUADALUPE, CA DP6 #23843 8/8/2023 SECTION A-A SECTION B-B 0 2' 4' 8' 8/29/2023 8:35 AM J O B N O . D A T E
NEW BUILDINGS FOR: 12TH ST APARTMENTS
APN 115-035-001 GUADALUPE, CA DP7 #23843 8/8/2023 PERSPECTIVE 1 PARKING LOT // NORTHWEST ELEVATIONS PERSPECTIVE 2 12TH STREET // SOUTHEAST ELEVATIONS PERSPECTIVE 3 12TH STREET // WEST ELEVATION PERSPECTIVE 4 COURTYARD // INTERIOR ELEVATIONS UP UP UP T R T R T R T R T R T R T R UNIT 104 3 BED / 1 BATH 880 SF UNIT 101 2 BED / 1 BATH 540 SF FUTURE ADU (ADA ADAPTABLE) UNIT 105 2 BED / 1 BATH 625 SF UNIT 102 3 BED / 2 BED 930 SF UNIT 103 2 BED / 1 BED 530 SF FUTURE ADU UNIT 103 YARD UNIT 104 YARD UNIT 102 YARD COURT YARD T R
T R
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T R UNIT 101 YARD UNIT 105 YARD UTILITY RM UTILITY RM LAUNDRY TRASH 8/29/2023 8:36 AM J O B N O . D A T E NEW BUILDINGS FOR: 12TH ST APARTMENTS
APN 115-035-001 GUADALUPE, CA 0 4' 8' 16' TRUE L1 CONCEPTUAL WATER USAGE SUMMARY PLANTING LEGEND CONCEPTUAL PLANT LIST LARGE & MEDIUM SIZE TREES SMALL TREES & SHRUBS GRASSES & ACCENT SHRUBS LANDSCAPE AREA/ MULCH #23843 8/8/2023 ASPHALT DRIVE WOCULS RATING* DECIDUOUS TREES ALBIZIA JULIBRISSIN (SILK TREE) L CHITALPA TASHKENTENSIS (CHITALPA) L GEIJERA PARVIFOLIA (AUSTRIALIAN WILLOW) L PISTACIA CHINENSIS (CHINESE PISTACHE) L SMALL TREES & SHRUBS AGAVE ATTENUATA (FOXTAIL AGAVE) L ARBUTUS UNEDO 'COMPACTA (DWARF STRAWBERRY TREE) L FREMONTODENDRON CALIFORNICA (FLANNELBUSH) VL STRELITZIA REGINAE (BIRD OF PARADISE) L ARCHTOSTAPHYLOS 'HOWARD MCMINN' VL (HOWARD MCMINN MANZANITA) CARISSA GRANDIFLORA 'BOXWOOD BEAUTY VL 'NATAL PLUM (THORNLESS) GRASSES & ACCENT SHRUBS GROUND COVER ARCHTOSTAPHYLOS 'CARMEL SUR (CARMEL SUR MANZANITA) VL BACCHARIS PILULARIS 'TWIN PEAKS' (DWARF COYOTE BRUSH) VL LONICERA JAPONICA 'HALLIANA' (HALL'S HONEYSUCKLE) L ROSMARINUS OFFICINALIS (ROSEMARY) L CALAMAGRASTUS 'KARL FOERSTER' (FEATHER REED GRASS) L CAREX TUMULICOLA (BERKELEY SEDGE) L CHONDROPETALUM TECTORUM (SMALL CAPE RUSH) L MULCH MULCH ALL GROUND COVER AND PLANTER AREAS WITH 3" MINIMUM LAYER DECORATIVE COBBLES, CRUSHED ROCK OR 'WALK-ON' BARK. *WATER-USE EVALUATION OF PLANT MATERIALS WATER USE OF PROPOSED PLANTS HAVE BEEN EVALUATED USING THE "WATER USE CLASSIFICATION OF LANDSCAPE SPECIES" (WUCOLS IV, UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION.) THE FOLLOWING PRICIPLES OF IRRIGATION DESIGN UTILIZED ON THIS PROJECT ARE DIRECTED SPECIFICALLY AS CONSERVING WATER AND IMPROVING THE EFFIICIENCY OF THE IRRIGATION SYSTEM: * ALL IRRIGATION SHALL BE DRIP OR DRIPLINE EMITTERS. NO OVERHEAD SPRAY HEADS WILL BE USED. * IRRIGATION HYDROZONES SHALL BE ADJUSTED ACCORDING TO WATER NEEDS AND WEATHER. * UTILIZATION OF IRRIGATION SYSTEM MASTER VALVE. * UTILIZATION OF IRRIGATION SYSTEM "SMART CONTROLLER" WITH WATER BUDGETING FEATURE. * UTILIZATION OF IRRIGATION SYSTEM FLOW SENSOR. * UTILIZATION OF RAIN SHUT-OFF DEVICE CONNECTED TO IRRIGATION CONTROLLER.
Agenda Item No. 11
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of September 12, 2023
_______________________________ _________________________________ Prepared by: Approved by:
Bill Scott, Contract City Planner Todd Bodem, City Administrator SUBJECT: Public Hearing to consider Conditional Use Permit (2023-031-CUP) for SLOCAL Management, LLC, to allow a retail cannabis dispensary at 928 Guadalupe Street (Assessor’s Parcel Numbers 115-072-013, 115-072-014).
EXECUTIVE SUMMARY:
The applicant is requesting City Council approval of a conditional use permit (CUP) and a CEQA Notice of Exemption to allow a 2,200 square-foot retail cannabis dispensary (CA Type 10 - Storefront Retailer) in an existing building at 928 Obispo Street (Attachment 2 - Aerial Site Map). This license type also allows the delivery of cannabis goods. The building is located in the Downtown Mix-Use zoning district.
Municipal Code Section 18.35.030(5) requires conditional use permit review and approval for a cannabis dispensary in the Downtown Mix-Use zone. Furthermore, Chapter 9.22, the Cannabis Business Permit Ordinance applies to each facet of the review and operation of this dispensary use. A Class 1 Categorical Exemption (Reuse of Existing Facilities) was prepared for the project in accordance with State CEQA Guidelines.
RECOMMENDATION:
It is recommended that the City Council:
1) Receive a presentation from staff;
2) Conduct a public hearing, including: a) an opportunity for the applicant to present the proposed project; and b) receive any comments from the public; and 3) Adopt Resolution No. 2023-74 approving Conditional Use Permit 2023-031-CUP; including CUP Findings, a CEQA Class 1 Exemption, and the conditions of approval.
BACKGROUND:
On June 1, 2023, SLOCAL, Management LLC filed a conditional use permit application (2023-031-CUP) with the City’s Planning Department to allow Root One, a retail cannabis dispensary at 928 Guadalupe Street. As provided under Chapter 9.22 of the Guadalupe Municipal Code, (Cannabis Business Permit Ordinance) SLOCAL Root One was a finalist selected through the City’s retail cannabis competitive process. As the next steps, the process to obtain a City Commercial Cannabis Business (CCB) Permit requires:
a) Conditional Use Permit (CUP) approval;
Bill Scott
b) Establishment of a Community Benefit Agreement;
c) An approved Building Permit.
Project Description:
The project site consists of two small contiguous parcels totaling 0.16-acres. The building at 928 Guadalupe Street is on the southerly parcel and a portion of a shared parking lot is on the northerly parcel. The dispensary would occupy the entire 2,044 square-foot ground floor of the building.
Additionally, a 160 square-foot pre-manufactured metal structure will be attached to the rear of the building. The addition will be used as a product receiving room and a storage vault. A small outdoor area behind the building would be fenced and gated to accommodate a secured product delivery area, dispensary vehicle storage; and an employee break area. Other minor exterior improvements include parking lot resurfacing and restriping, door and window security reinforcement, new outdoor security lighting, signage, and small decorative landscape features.
Project Vicinity:
As noted, the 928 Guadalupe location is in Downtown Guadalupe and the dispensary site is surrounded on the north, south and west by the various businesses and restaurants that typify the downtown area.
Single-family homes are immediately to the east behind the dispensary site.
Product Inventory:
The Root One dispensary proposes to offer a mix of cannabis products that are commonly purchased at retail dispensaries including: flower, concentrates, edibles, topicals and lotions, tinctures, pre-rolls, and accessories. Product delivery will be a part of the business operation. A more detailed list of items allowable for merchandising are listed in Condition 6 of Exhibit 3, of the draft Conditional Use Permit.
State Licensing:
The dispensary will operate under a State of California Type 10 (Storefront Retailer), license; or equivalent licensing as determined by the state for retail dispensary sales and delivery, serving both medical patients and adult-use customers.
DISCUSSION:
The two main issues associated with this conditional use permit are: 1) compatibility with the neighboring properties; and 2) Municipal Code conformance, specifically conformance with Chapter 9.22 of Title 9 (Commercial Cannabis Business Ordinance) and Title 18 (the Zoning Ordinance).
Neighborhood Compatibility:
Sensitive Land Use Survey:
As is typical with any conditional use, and particularly those conditional uses that cater exclusively to adults, compatibility with neighboring land uses is a primary consideration. Municipal Code Section
9.22.330 (Location and Design) of the City’s cannabis ordinance identifies certain land uses that are designated as “sensitive land uses.” The ordinance establishes: a cannabis dispensary shall be no closer than 600 feet from any parcel in the City designated by the City and State law as a sensitive use. Among those identified as a sensitive land use are:
• A school providing instruction in kindergarten or any grades 1 through 12 (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12); • A commercial daycare center licensed by the State, County or City which is in existence at the time the (cannabis) license is to be issued;
• A youth center that is in existence prior to the submittal of the initial cannabis application or at the time the license is issued.
Based on this requirement, as a first measure City staff conducted a land use (Zoning Verification) survey in late 2021. The results of the survey concluded no use designated as sensitive land use is currently within a 600-foot radius of the proposed dispensary site at 928 Guadalupe Street. Thus, it was found that a cannabis dispensary at this location would have no direct effect on a designated sensitive land use.
Interface with Neighboring Properties:
Among the primary land use compatibility considerations are: a) ensuring that the flow of customers visiting the dispensary is orderly, b) ensuring the facility is secure both day and night, and c) assuring that potential annoyance impacts, such as light and glare, noise or odor impacts are minimized.
Customer Management: The Operational Plan prepared by the applicant establishes a system for orderly transactions from entry and customer identification to sales and exiting the premises. As shown on the Floor Plan (Sheet A.1) customers will circulate through the facility through separate entry and exit doors.
The interior check-in lobby will be separated from the sales floor with secured doors. Security personnel will be on duty during all hours of operation to ensure order is maintained inside the building, and outside in and around the parking areas. Among other duties, the security personnel will ensure that there is no loitering or product consumption on the premises.
Security: Industry standard “hardening” measures recommended by HdL Consultants are applied to ensure the facility is properly secured during nighttime hours. Outdoor night lighting will be carefully located to maximize protection. Other operational controls including: an indoor and outdoor camera plan, area access restrictions plan, alarm system , a product delivery plan, a customer identification and monitoring system; and City Police Department coordination are all part of the overall facility operations plan. Each of these measures is specified in detail in the preliminary draft of the conditional use permit attached to the City Council Resolution as Exhibit 3. Requisite security measures applicable to the retail dispensary are further summarized in the Municipal Code Conformance discussion.
Noise: As a retail use, adverse noise impacts are expected to be minimal. As noted, use of the rear property would be limited to cannabis delivery, secured dispensary vehicle storage and employee seating. Vehicle maintenance or amplified sound is prohibited. Customer parking would occur in a shared parking area. Noise impacts from those activities should be minimal. Security personnel will be on duty during all hours of operation to ensure any potentially noisy or disorderly activity is immediately resolved. Furthermore, the City’s cannabis ordinance limits hours of operation to between 9:00 am. and 9:00 pm. Monday – Sunday. The facility is to further limit its hours from 9:00 am. to 8:00 pm. Thus, no significant noise impacts are anticipated.
Light and Glare: The project will install new outdoor security lighting. Outdoor lighting fixtures will not exceed 16-feet in height. The conditional use permit is conditioned to ensure outdoor security lighting will be properly located and shielded to minimize potential light and glare impacts on the neighboring homes. The final lighting plan will be evaluated prior to issuance of a building permit.
Odor: The Floor Plan (Sheet A.1) indicates an odor control system will be installed. Furthermore, consultant Scott Bruce has stated, that, in his experience, potential odor impacts to neighboring uses are not anticipated. This is due to the relatively small scale of the dispensary and its inventory. As a contingency measure, Condition 20 has been added to address odor just in case odor complaints do arise. Waste disposal of cannabis product and paraphernalia is in a secured location indoors and will comply with the requirements of the disposal service (Waste Management) and must also conform to the City’s Odor Ordinance, Municipal Code Section 09.22.38(I).
Land Use Compatibility Conclusion: The 928 Guadalupe Street location was found to meet or exceed the 600-foot radius sensitive land use criteria established by Municipal Code Section 9.22.330. Through diligent management by the operator and as stipulated by this CUP, the facility is anticipated to be a secure and compatible addition to the area. Based on the above, the dispensary use should relate to the neighborhood and its occupants no differently than any typically permitted retail use in the area.
Municipal Code Conformance:
Cannabis Ordinance Conformance:
Chapter 9.22 of the City of Guadalupe Municipal Code (Cannabis Business Permit Ordinance) regulates all requests for commercial cannabis businesses in the City. Among the stated purposes of Chapter 9.22 is to: …Regulate the Adult Use Cannabis Act (“Proposition 64” approved by California voters in 2016), while imposing sensible regulations on the use of land to protect the City’s residents, neighborhoods, and businesses… Portions of this Chapter applicable to the SLOCAL Root One dispensary are summarized as follows:
Prior to commencing operation City Code Section 9.22.027 requires all commercial cannabis business in the City must receive:
a) A valid cannabis business permit from the City.
b) A valid State of California seller’s permit; and
c) The owner/operator shall obtain the required State licenses.
Additionally, Municipal Section 9.22.400 sets specific minimum standards for retail dispensaries.
Municipal Code Section 9.22.400 regulates the following:
• Hours of operation;
• Age Restrictions;
• Access restrictions;
• Packaging requirements;
• Signage standards and limitations;
• Security; and
• Reporting and tracking of merchandise.
The detailed requirements for each of these is contained in Chapter 9.22; and are conditions in the conditional use permit. Other procedures needed to implement some of these requirements will be established by the Applicant and the City Administrator, or the City Administrator’s designee after conditional use permit review approval. Examples of measures include: Police Department security coordination, inventory tracking and reporting to the City, and establishing a dispensary community contact person and citizen contact procedure. Each of these procedures will be precisely defined by the Applicant and the City prior to final issuance of the cannabis business permit.
Community Benefit Agreement:
Section 9.22.110 (Community Benefit) of the cannabis ordinance establishes: each commercial cannabis application must include a community benefit component. This code section recognizes a wide range of beneficial opportunities are available; from in-kind donations; to sponsorship of community events; or financial support for a variety of special community events ranging from fairs and afterschool programs to community centers park and recreation programs. Prior to approval of a commercial cannabis business permit, the owner/operator of the Root One dispensary will enter into a community benefit agreement with the City.
Conclusion: Chapter 9.22 of the Guadalupe Municipal Code provides the regulatory methods to ensure that commercial cannabis dispensaries in the City are both a good fit for the immediate neighborhood and add benefit for the larger community as well. Furthermore, the ordinance ensures the City’s commercial cannabis application process is fully aligned with state law. The operations associated with the Root One dispensary will comply fully with the specifications of Municipal Code Chapter 9.22, the Cannabis Business Permit Ordinance.
Conformance to the Zoning Ordinance:
As noted, the dispensary will occupy the tenant space in an existing building. Therefore, except for the review conditional use itself, there are relatively few improvements that require zoning code consideration.
Parking: Municipal Code Section 18.60.050(D)(6) requires one (1) off-street parking space for each 260 square feet of retail floor area. Based on the 2,200 square-foot retail floor area, a total of eight (8) parking spaces is required to meet the off-street parking needs of the dispensary. A shared parking lot is already in place thatserves the dispensary suite as well asthe neighboring businesses. The Planning Department has concluded that shared parking lot will provide the parking spaces needed to satisfy the Municipal Code requirement. The project will make parking resurfacing and restriping improvements to the twelve parking spaces in closest proximity to the dispensary.
It also is noted that at this downtown location supplemental use of marked on-street parking spaces by dispensary customers is supported. The use of on-street parking by some portion of the dispensary customers is expected to introduce new consumers to the many other shops, restaurants and attractions available in Downtown Guadalupe.
Landscape: Municipal Code Chapter 18.64.030 typically requires a landscape plan when a new use is established in a building. However, in this fully urbanized downtown location opportunities for new landscaping are limited. In this case, sidewalk landscape planters would provide a satisfactory landscape enhancement. A condition has been added to the conditional use permit to require decorative landscape planter boxes in locations at the front of the dispensary where pedestrian access clearances can be maintained.
Design Review: Municipal Code Chapter 18.73.10 (Design Review) requires design review for most projects in Downtown Guadalupe. In this case, Design Review is intended to ensure the project is visually compatible and harmonious with the neighboring downtown properties. As of the recent adoption of The General Plan Consistency Ordinance (Ordinance No. 2023-509), the Planning Department no longer requires a separate Design Review Permit when a conditional use permit is processed. Section
18.73.050(A) of the ordinance recognizes: A separate Design Review Permit is not required for those projects that require approval(s) under the jurisdiction of the City Council (for example Conditional Use Permits)… However, the Design Review findings (18.73.100) shall be incorporated into the CUP Resolution. Design Review findings are included in the Findings contained in Exhibit 2 of this conditional use permit.
In this case it is noted that the project is recognizing the vintage Mission style of the building and the historic downtown location. The project intends to retain the visual appeal of the building. As examples, no change is proposed to the front of the building. New metal security doors will be styled to match the style of the building. No security bars are proposed. Instead, the storefront windows will be reinforced with a shatterproof applique to maintain their current appearance. The project will install vintage outdoor light fixtures to represent the downtown are. these features are noted in the Design Review Findings contained in Exhibit 2.
Zoning Clearance: As an advisory to the applicant, Municipal Code Section 18.12.010 states: a Zoning Clearance shall be required prior to the issuing of building permits. The Planning Department has established a specific process for the zoning clearance review. The zoning clearance provides assurance that all of the requirements of the conditional use permit have been fulfilled prior to building permit issuance. The zoning clearance application and review process is relatively brief and is itemized in Condition 29 of the conditional use permit.
Municipal Code Conformance Conclusion: The Root One retail cannabis dispensary will comply fully with all applicable provisions of the City of Guadalupe Municipal Code, particularly as specified by Municipal Code Chapters 9.22 (Cannabis Business Permit Ordinance) and Title 18 (Zoning Ordinance).
GENERAL PLAN CONFORMANCE:
General Plan Economic Development Policy ED-1.1 states: The City’s primary Economic Development Strategy is to create a vibrant mixed-use downtown and promote a young, educated workforce to live in Downtown Guadalupe as a precondition to attracting base industry.
As conditioned, the Root One, dispensary is anticipated to be a good downtown neighbor and will broaden the variety of goods and services made available in the City’s downtown. Thus, the project has
the potential to attract new retail consumers, both young and old, to Downtown Guadalupe. Some or many can be expected to linger, to dine, shop or visit other attractions in Downtown Guadalupe.
Economic Development Policy ED-1.5 states: The City will encourage new types of industrial and commercial uses in order to diversify the City’s economic base.
As noted, the SLOCAL Root One dispensary would contribute toward a more diverse variety of goods and services offered in the City. Thus, potentially attracting new consumers from Santa Maria and other outside areas. As a result, the project could begin to reverse some of the retail revenue “leakage” occurring to retail markets outside of the City.
CONCLUSION:
In summary, the dispensary will meet the standards of Municipal Code Chapter 9.22 (Cannabis Business Permit Ordinance) and Title 18 (Zoning). Consistent with the General Plan economic objectives, the dispensary is anticipated to draw new retail customers to Downtown Guadalupe. Furthermore, the dispensary will enter into a Community Benefit Agreement to benefit the larger community. As conditioned, the Root One dispensary should be a “good fit” for the immediate neighborhood and an asset to the City as a whole.
FISCAL IMPACTS:
Fiscal impacts are anticipated to be negligible. As noted, the project will re-use a vacant tenant space in an already developed infill site where City infrastructure and services are already in place. The project has been thoroughly reviewed and endorsed by the City’s Public Safety Director and no substantial public safety servicing impacts are anticipated.
CEQA REVIEW:
Physical construction is limited predominantly to an interior tenant improvement on an 0.16-acre infill property. It can be seen with certainty that there is no possibility that the use and the improvements in question would have a significant effect on the environment. Therefore, the project is not subject to CEQA. A Class 1 Notice of Exemption has been prepared for the project in accordance with Section 15391 (Existing Facilities) of CEQA Guidelines.
PUBLIC NOTICE:
Staff published the required Public Hearing Notice in a newspaper of general circulation on Friday, September 1, 2023. Copies of the Public Hearing Notice were also mailed to property owners and occupants within a 300-foot radius of the subject property.
ATTACHMENTS:
1. Resolution No. 2023-74, including CEQA Notice of Exemption (Exhibit 1), Approval Findings (Exhibit 2), and Conditions of Approval (Exhibit 3).
2. Aerial Site - Vicinity Map
3. Project Plans
4. Project Description
RESOLUTION NO. 2023-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, APPROVING A NOTICE OF EXEMPTION (FROM CEQA), AND CONDITIONAL USE PERMIT (2023-031-CUP) FOR SLOCAL ROOT ONE, A RETAIL CANNABIS DISPENSRY ON PROPERTY LOCATED AT 928
GUADLUPE STREET
WHEREAS, Mr. Austen Connella and Mr. Adam Laurent representing SLOCAL Management, LLC (the “Applicant”) have applied to the City of Guadalupe for a conditional use permit to establish Root One, a retail cannabis dispensary (“the Project”) in an existing building on a 0.16-acre property at 928 Guadalupe Street (APNs 115-072-013 and 115-072-014); and WHEREAS, the property is located in the Downtown Mixed-Use zoning district and Municipal Code Section 18.35.030(5) specifies a retail cannabis dispensary requires conditional use permit approval in the Downtown Mixed-Use zoning district; and WHEREAS, in accordance with Municipal Code section 18.72.010, the uses proposed in association with conditional use permit 2023-031-CUP have been considered by the City and the Project is conditioned to ensure a compatible and secure environment is maintained for the residents and businesses in the immediate project vicinity; and WHEREAS, in accordance with the design review provisions of Municipal Code section
18.73.0100, the visual components of the facility have been considered by the City and are found to be harmonious with the Downtown Guadalupe neighborhood; and WHEREAS, Chapter 9.22 of the City of Guadalupe Municipal Code establishes the regulations, procedures, and standards for permitting commercial cannabis facilities in the City and the application for the Root One dispensary has been evaluated and processed to comply with said Municipal Code Chapter 9.22; and
WHEREAS, the City Council held a duly-noticed public hearing on September 12, 2023, at which time all interested persons were given the opportunity to be heard, and notice of said hearing was published in the Santa Maria Times at least 10 days prior to the public hearing and posted in in three public places in the City (including at the project area and the owners of all properties within 300 feet of said property also receiving mailed notice of the public hearing; and WHEREAS, after hearing evidence from City staff and taking public testimony, the City Council finds, pursuant to the Findings attached to this Resolution as Exhibit 2, including findings made pursuant to the California Environmental Quality Act, and subject to the project’s Conditions of Approval attached to this Resolution as Exhibit 3, that the approval of the Conditional Use Permit is consistent with the City’s General Plan, applicable Articles of the City’s Municipal Code; and ATTACHMENT 1
WHEREAS, the City Council has considered the entire administrative record, including application materials, staff report, the California Environmental Quality Act determination, and oral and written testimony from interested persons; and
WHEREAS, the City Council finds that after completely reviewing this conditional use permit, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore, the activity is not subject to CEQA per CEQA Guidelines Section 15301, Existing Facilities, Exhibit 1; and WHEREAS, the City Council finds that approval of the conditional use permit would be consistent with the City’s General Plan, the provisions of Title 18 (Zoning Code), and Chapter 9.22 (Cannabis Business Permit Ordinance) of the City of Guadalupe Municipal Code, and the Council therefore has the ability to make the required findings, including findings pursuant to the California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Guadalupe does hereby find and determine as follows:
SECTION 1. The Findings set forth in Exhibit 2 to this Resolution are true and correct in regard to Conditional Use Permit 2023-031-CUP which is hereby adopted and incorporated herein by this reference.
SECTION 2. After reviewing the project description and this conditional use permit it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA per CEQA Guidelines Section 15301, Existing Facilities.
SECTION 3. The Conditional Use Permit 2022-031-CUP is approved, subject to the Conditions of Approval set forth in Exhibit 3 of this Resolution.
SECTION 4. The City Clerk shall certify as to the adoption of this Resolution.
SECTION 5. The Planning Director shall file Exhibit 1, Notice of Exemption, with the Santa Barbara County Clerk.
SECTION 6. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 12th day of September 2023 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-74, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held September 12, 2023, and that same was approved and adopted.
ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
Exhibits:
Exhibit 1 - CEQA Categorical Exemption
Exhibit 2 - Findings
Exhibit 3 - Conditions of Approval
Notice of Exemption Exhibit 1
To: County Clerk From: City of Guadalupe
County of Santa Barbara 918 Obispo Street
123 E. Anapamu Street Guadalupe, CA 93434
Santa Barbara, CA 93101
Project Title: SLOCAL Root One Dispensary
Project Applicant: Austen Connella and Adam Laurent
Project Location-Specific: 928 Guadalupe Street
Project Location-City: Guadalupe Project Location-County: Santa Barbara County Description of Nature, Purpose, and Beneficiaries of Project:
The Project is a conditional use permit to allow a retail cannabis dispensary in a vacant 2,044 square-foot tenant space, The building is located on a 0.16-acre site in the Downtown MIX zoning district at 928 Guadalupe Street in the City of Guadalupe. The project includes addition of a 160 square-foot premanufactured structure to be used as a storage vault and minor site, fencing and building exterior improvements. Consistent with the Economic Development objectives of the City’s General Plan, the project is anticipated to provide several economic benefits including new retail and service jobs and new retail sales revenues in support of City fiscal and economic objectives. Thus, enhanced municipal service provision and infrastructure improvements are anticipated for the benefit of the residents of the City.
Name of Public Agency Approving Project: Guadalupe City Council Name of Person or Agency Carrying Out Project: Bill Scott, Contract City Planner Exempt Status: (check one)
__Ministerial (Sec. 15268);
__ Declared Emergency (Sec. 15269(a));
__ Emergency Project (Sec. 15269(b)(c));
XX Categorical Exemption. State type and section number: Class 1 (15301) for Existing Facilities __ General Exemption (Section 15061(b)(3))
Reasons why project is exempt:
The project consists of the reuse of an existing facility involving no substantial expansion of the former commercial use. It has been conclusively found that the project would not result in any intensification of use. For these reasons the project is categorically exempt. It can be seen with certainty that there is no possibility that the use and the improvements in question would have a significant effect on the environment.
Therefore, the project is not subject to CEQA.
Contact Person: Bill Scott (Area Code) Phone Number/Ext: (805) 478-4778 Signature: _______ Title: Contract City Planner
Date received for filing at County Clerk’s Office: ________________ (Form prepared March 2018)
EXHIBIT 1
EXHIBIT 2, FINDINGS FOR APPROVAL
ROOT ONE RETAIL CANNABIS DISPENSARY
2022-031-CUP
1.0 CEQA Findings
1.1 CONSIDERATION OF THE CATEGORICAL EXEMPTION AND FULL
DISCLOSURE
The City Council has considered the (Class 1) Categorical Exemption together with the comments received and considered during the public review process for the project. The Categorical Exemption has been completed in compliance with CEQA and is adequate for this proposal.
1.2 FINDING OF NO SIGNIFICANT EFFECT
The project consists of a tenant improvement and minor building exterior and site improvements to accommodate a change from a permitted use to a conditional use in an existing commercial building on a 0.16-acre site in the downtown portion of the City of Guadalupe. A 160 square-foot addition to the existing structure would accommodate a secured storage area. On the basis of the whole record, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA.
2.0 Administrative Findings
2.1 CONDITIONAL USE PERMIT FINDINGS
Pursuant to City of Guadalupe Municipal Code, Section 18.72.050, a Conditional Use Permit shall be approved only if all of the following findings can be made:
A. The overall design of the new structure(s} and the architectural style.
The building is existing. The project consists of a change in the use on an existing structure. No change in the existing architectural style will occur.
B. Physical and design relationship with existing and proposed structures on the same site and in the immediately affected surrounding area.
No new structures are proposed. A small 160 square-foot addition will occur at the rear of the building. The exterior of the addition will be stuccoed and painted to match EXHIBIT 2
the existing building. Minor site improvements include new security fencing, resurfacing and striping improvements to the existing parking lot and new security lighting. The project will employ measures to maintain the existing appearance at the front of the building and features (e.g., landscape planter box improvements) will enhance the appearance of the building.
C. Site layout, orientation and location of buildings and structures and relationship with open areas and topography.
No new development is proposed. The project consists of a change of use and tenant improvement in an existing building in Downtown Guadalupe. No substantial new construction would occur.
D. Colors, types and variation of building materials.
As noted above, the building already exists. A minor (160 square-foot) premanufacturing addition to the rear will be designed and painted to match the existing building. No substantial change to the style, materials or color of the building is proposed at this time.
E. Height, bulk scale and area coverage of buildings and structures and other site improvements.
As it currently exists, the building type and scale is consistent with neighboring structures and the architectural design and appearance of the building uniquely attractive. The height, bulk, scale and area coverage of the building will be retained by the project.
F. Potential interference with scenic views.
The project site is a fully urbanized infill site in inner City of Guadalupe and would have no impact on natural scenic views.
G. Height, materials, colors and variations in boundary walls, fences or screen planting.
New security fencing at the rear fo he project site will meet the height and design specifications of Municipal Code Chapter 18.52. Minor enhancements, including landscape planter boxes will further improve the appearance of the site.
H. Location and type of existing and proposed landscaping.
The project site is a fully urbanized downtown location where opportunities for new landscaped areas are very limited. Landscape planter boxes will be installed at the project frontage.
I. Reduction or elimination of required off-street parking in the downtown MIX zoning district.
In this case a common parking lot is existing and available to meet the off-street parking needs of the project. Thus, findings for a formal parking reduction are not needed or requested at this time. It is noted that the project is anticipated to bring new consumers into the City. On-street parking is encouraged to supplement the offstreet parking as method to encourage visiting dispensary customers to interact with other businesses in the area.
2.2 DESIGN REVIEW FINDINGS
Pursuant to City of Guadalupe Municipal Code, Section 18.73.100, Design Review findings shall be incorporated into the Conditional Use Permit and the design review component shall be approved only if all of the following findings can be made:
A. The buildings, structures, and landscaping are appropriate and of good design in relation to other buildings, structures, and landscaping on-site or in the immediate vicinity of the project.
The project will occupy a currently vacant tenant space in an existing building in the City’s downtown. No substantial changes are proposed to the building. Minor exterior improvements such as new fencing, parking lot resurfacing, signage, lighting and decorative landscape planter boxes will be designed to be compatible with immediate surroundings. As such, the proposed project would be harmonious with the existing visual character in the City’s downtown.
B. That the development will be compatible with the neighborhood, and its size, bulk and scale will be appropriate to the site and the neighborhood.
No new development will occur. With the exception of a 160 square foot storage addition at the rear of the building, no construction is proposed by the project. The building will continue to be a compatible fit with the immediate neighborhood.
C. There is harmony of material, color, and composition of all sides of a structure or building as well as consistency and unity of composition and treatment of exterior elevation.
The building is existing. The project is in recognition of the visual quality of the Mission style architecture as it currently exists and the project will strive to retain the existing visual character.
D. Any mechanical or electrical equipment is well integrated into the total design concept and screened from public view to the maximum extent practicable.
All mechanical and electrical equipment has been properly screened from view.
E. All visible on-site utility services are appropriate in size and location.
The project consist of an interior tenant improvement on an already developed site where facilities, services and infrastructure are already in place. Electrical and utility improvements are underground and thus will not be visible from the adjacent public roadways or nearby land uses.
F. The grading will be appropriate to the site.
At this fully developed urbanized infill location no grading will be the result from the project.
G. Adequate landscaping is provided in proportion to the project and the site with due regard to the preservation of existing trees, and existing native vegetation, and adequate provision will be made for the long-term maintenance of such landscaping.
Based on the existing site conditions and the scope of the project, new landscaping will be limited to decorative planter boxes at the front of the dispensary. An existing street at the front of the building will be retained and protected. The project is conditioned to ensure the long-term maintenance of the landscaped areas.
H. The development will not adversely affect significant public scenic views.
This project site is in an urbanized area and does not contain any significant public scenic views.
I. All exterior site, structure and building lighting is well-designed and appropriate in size and location.
The project will install new security lighting. All exterior security lighting will be appropriately designed, located and shielded to ensure no adverse impact will occur to neighboring properties.
J. The proposed development is consistent with any additional design standards as expressly adopted by the City Council.
No additional design standards were required by the City Council. However, the project proponent has expressed recognition for the current visual character of the building and the project includes measures to retain and enhance the existing visual character.
Outdoor lighting fixtures will not exceed 16-feet in height and will be designed to replicate the historic character of Downtown Guadalupe.
K. The project architecture will respect the privacy of neighbors and is considerate of solar access.
The building is existing, and no substantial physical changes are proposed to the existing building architecture.
L. The project will provide for adequate street design and sufficient parking for residents and guests in a safe and aesthetically pleasing way.
No new roadways are proposed or required. The project site is an infill site where roadways are already in place. Existing parking facilities will provide adequate parking for the new dispensary use.
M. The proposed development as shown on the project plans is in conformance with all applicable policies of the General Plan and the requirements of this title.
The staff report provides evidence that the project is consistent with state law as well as applicable goals and policies of the General Plan and is consistent with the zoning ordinance.
EXHIBIT 3
CONDITIONS OF APPROVAL
ROOT ONE DISPENSARY, SLOCAL MANAGEMENT, LLC
2023-031-CUP
GENERAL CONDITIONS
1. Project Description: The permittee shall comply with the project description, and the approved Plan Set entitled: 928 Guadalupe Street, Guadalupe California, dated August 15, 2023. Any changes to the project description or conditions may require a permit amendment as determined by the Planning Director. Contact the Planning Department prior to changing anything onsite or any change in use. The property shall be maintained, operated, sold, leased, or financed in compliance with this project description, the approved plan set and conditions of approval. This Project Description establishes the general use parameters for a retail cannabis dispensary and delivery business on a 0.16-acre property in the Downtown Mix-Use zoning district at 928 Guadalupe Street (APN 115-072-013 and 115-072-014), as follows:
Retail Dispensary: This conditional use permit approves a retail cannabis dispensary and delivery facility in approximately 2,200 square-feet of ground floor space at 928 Guadalupe Street. The facility will offer a product mix that represents the types of cannabis products that are commonly purchased at retail dispensaries; including:
flower, concentrates, edibles, topicals and lotions, tinctures, pre-rolls, and accessories.
Merchandise will be limited solely to bona fide cannabis and cannabis related products. A more detailed list of items allowable for merchandising are listed in Condition #6 below.
Building Exterior Improvements: A 160 square-foot steel shipping container will be added to the rear of the building to serve as a steel vault. The exterior of the vault will be framed and covered with stucco and painted to match the existing building’s color and texture. The project will make “hardening” improvements to solidify the integrity of the windows, doors, skylights and walls from a security perspective. The windows will be preserved with no steel bars added. Shatter proof applique will be provided to windows to reinforce security integrity. Outdoor motion sensor security lighting will be located and shielded to minimize impacts on neighboring properties. New signage will comply with the specifications of Municipal Code Chapter 18.51 (Sign Ordinance).
Site Improvements: A portion of the shared parking lot adjacent to the building will be resurfaced and restriped to City standards. The rear yard will be reconfigured to provide a secure delivery vehicle parking area. A new fence and security gate will be added. Minor landscape improvements will be made including decorative landscape planter boxes at the front of the building.
EXHIBIT 3
State Licensing: The dispensary will operate under a Type 10 (Storefront Retailer), license; or equivalent license as deemed appropriate by the State of California for retail dispensary sales and delivery, serving both medical patients and adult-use customers.
The entire indoor area and the fenced loading / unloading area shall be identified as the areas under the auspices of the City Permit and State License.
Retail Facility Access: No customer activity will occur at the rear (east) side of the dispensary property. The front entrance of the retail facility is on the west (Guadalupe Street) side of the building will provide the only customer access. The entrance will have a lobby which will be staffed by a receptionist and security guard during all hours of operation. The interior check-in lobby will be separated from the sales floor with secured doors. Receptionists will confirm age and identity verification, as well as new patient and customer intake. Every customer must present a valid ID Card and sign-in prior to entry. Any persons without a valid ID Card will be immediately dismissed from the premises. The conceptual lobby area is as shown on the approved Floor Plan. The final Floor Plan details are subject to modifications and refinements by the City prior to final approval of a cannabis business permit.
Parking: The common parking lot will be available to meet the off-street Municipal Code parking requirement for the dispensary. Twelve (12) parking spaces will be resurfaced and restriped in immediate proximity to the dispensary.
It is also recognized that in this downtown location, use of designated on-street parking spaces by dispensary customers is a convenient supplement to provide additional customer parking with negligible neighborhood impacts. On-street parking by dispensary customers is anticipated to encourage more customer interaction with other businesses in the downtown area.
Delivery and Storage Area: The uses and activities behind the building will be limited to product delivery, storage of dispensary vehicles, and an employee break area. The facility will have one to two delivery vehicles (e.g., delivery vans) in the secured delivery area. Activities involving vehicle repair or amplified sound are not permitted.
Product Delivery Route: All products will be delivered to the receiving area at the rear (east side) of the building. The product delivery and vehicle storage area would be secured within a wood fence with a sliding gate. The gate shall be remotely opened from the management/security office and locked mechanically and magnetically. The loading area/dock entry point into the building shall be secured with security doors with locks to City approved specifications.
The entryway leading to the vault from the limited access inventory/compliance office shall be secured at all times and monitored. The entryway leading into the retail area, into the back office; and from the back office into the inventory compliance office, shall be secured and monitored at all times. The project applicant will provide a
detailed security floor plan to depict the secured accessway(s) to the satisfaction of the City. All electronic access shall be logged continuously and an audit report detailing entry/exit shall be retained and archived.
Camera Plan: A Camera Plan will be established to the satisfaction of the City. The primary components of the camera plan are identified in Condition #15 below.
Security Personnel: The owner/operator is responsible for managing its clientele to ensure customers conduct themselves in an orderly manner, arriving, during, and leaving the facility. The Project will comply with the security requirements of Municipal Code Section 9.22.360 (Security Measures). Security personnel will be on duty to ensure orderly facility operations at all times. Security personnel qualification, staffing and deployment details are further described in Conditions #14 below.
Community Contact: The Root One dispensary will provide a community relations contact to receive all notice of problems. The contact’s name and contact phone number will be made available to residents and business owners. Additionally, contact names shall be provided to all businesses immediately adjacent to the project site.
The general use parameters described above in this Project Description are endorsed by the Applicant and stipulate the general operational parameters for the Root One retail cannabis dispensary (2023-031-CUP) at 928 Guadalupe Street.
2. Cannabis Business Permit Ordinance: The uses, operations and activities approved by this conditional use/DR permit shall take place in full accordance with the applicable provisions of the City of Guadalupe Municipal Code Chapter 9.22 Cannabis Business Permit Ordinance. The owner/operator shall implement the provisions of Municipal Code Chapter 9.22 as determined to be applicable by the City Administrator or the City Administrator’s designee and as specified in this conditional use permit. The timing for completion of each of the measures contained in Municipal Code Chapter 9.22 shall be as specified by said ordinance and/or this conditional use permit to the satisfaction of the City Administrator or the City Administrator’s designee(s).
3. Indemnity: The Applicant agrees, as a condition of approval of this resolution to indemnify, defend and hold harmless, at Applicant’s expense, City and agents, officers, and employees from and against any claim, action or proceeding to attack, review, set aside, void, or annul the approval of this permit or to determine the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify the Applicant of any such claim, action or proceeding, to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney’s fees that the City may be required to pay because of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligation of this condition. Applicant’s acceptance of this permit approval or commencement of construction or operations under the approval shall be deemed to be acceptance of all conditions of approval.
4. Legal Challenges: If any condition imposing a fee, exaction, or dedication is challenged by the project sponsors in an action filed in a court of law or threaten to be filed therein which action is brought within the time provided for by law, this this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final action. If any condition is invalidated by a court of law, the entire project shall be reviewed by the City and substitute conditions may be imposed.
PLANNING DEPARTMENT CONDITIONS
SPECIAL PLANNING CONDITIONS
5. Retail Dispensary: Operations at the facility shall be limited to retail sales and delivery of merchandise in accordance with a Type-10 Retail Cannabis Dispensary (with delivery) serving both medical patients and adult-use customers, or equivalent licensing as specified by the State of California.
6. Types of Merchandise: Retail sale of cannabis goods that have passed State of California testing and quality assurance review, such as:
• Packaged flower.
• Pre-rolls
• Topicals
• Edibles
• Concentrates
• Beverages
a) Cannabis accessories, such as:
• Pipes
• Rolling paper
• Vape products.
b) Branded merchandise produced by other state licensed business The operator is provided the flexibility to make minor additions or modifications to its sales inventory at any time as long as the overall operational parameters and state licensing requirements for a retail dispensary are maintained as specified by this conditional use permit.
7. Inventory Track and Trace System:
a) The Applicant shall utilize the TREEZ point of sale system or equivalent to the satisfaction of the City.
b) Inventory shall be reconciled at least once every 14 days. c) The Applicant shall notify the City of any significant discrepancies between actual inventory and POS system records within 24-hours of discovery.
The final specifications for the inventory tracking and reporting system are subject endorsement by the City Administrator or the City Administrator’s designee(s), prior to commencement of operations.
8. Customer age verification: Cannabis can only be purchased by:
a) Adult-use customers, age 21 and older
b) Medicinal patients age; 18 or older with a physician’s written recommendation. c) The retailers shall verify the age of their customers by checking their ID. Acceptable forms of ID include:
• Government-issued photo ID card, such as a driver’s license; • Military photo ID card;
• Passport.
9. State Licensing Compliance: The CUP shall become null and void if at any time the owner/operator fails to comply with state or City requirements for operating under a State Cannabis Control License. Upon notice of non-compliance, the City will give the operator thirty (30) days to resolve conflicts with the state such that the permit is reinstated or reissued. A hearing for revocation will be scheduled if the state permit is not reinstated or reissued. The operator shall be responsible for all fees associated with the revocation hearing.
10. State and Local Permits: In accordance with Municipal Code Section 9.22.027, no person shall engage in any form of cannabis related use or activity until the business owner/operator possess the following:
a) A valid commercial cannabis business permit from the City. b) Valid State of California Seller’s permit(s).
c) The owner/operator is current in compliance with all applicable State and local laws and regulations pertaining to the cannabis business and the cannabis activities, including the duty to obtain any required State licenses. d) The State of California Permit and the City Of Guadalupe Cannabis Business Permit shall be clearly displayed within the facility.
11. Community Benefit Agreement: In accordance with Municipal Code Section 9.22.110 the owner/operator shall enter into a Community Benefit Agreement with the City prior to issuance of a cannabis business permit.
12. Hours of operation: Hours of operation and sale of cannabis goods shall be limited to occur between 9:00 a.m. and 8:00 p.m. Or as otherwise allowed by Guadalupe Municipal Code Chapter 9.22 upon approval by the City.
13. Additional Submittal Requirements: The following items are identified in the transmittal from HdL Consultants, dated June 29, 2023 and shall be submitted to the satisfaction of the City Administrator or the City Administrator’s designee:
A. Premise Description:
Prior to issuance of a cannabis business permit, the Applicant shall submit a legible Premise Diagram, within the Security Plan, that identifies all attributes required in CCR 15016 CCR 16039 including, but not limited to the following:
a) All boundaries, entrances and exits, interior partitions, walls, rooms, windows, and a brief description of the principal activity to be conducted therein. b) Dimensions of the premises and structures, including interior and exterior dimensions.
c) All limited access areas.
d) Areas utilized for storage, batch sampling, loading or unloading of shipments, packaging and labeling, customer sales, loading for deliveries, extraction, infusion, cultivation, and processing as applicable.
e) All interior and exterior surveillance camera locations with each camera assigned a unique camera number for identification purposes. f) All designated entrances, and walls under the exclusive control of the commercial cannabis business for the premise, as well as the designated entrances and walls for each additional premises.
g) The location of cannabis waste storage.
h) The location of surveillance system device.
i) Limits of the Permitted area
B. Access Control System:
a) The Security Plan shall describe the requirement for visitors who enter limited access areas, to include being required to sign a visitor log, wear a visitor badge, and be escorted by a manager.
b) The Security Plan shall describe public restrooms remaining locked and under the control of management.
C. Prevention of Product Diversion and Loss:
a) The security Plan shall include a description for employee identification badges and electronic keys deactivation upon an employee’s termination or resignation from the business.
D. Operational Security:
a) The Security Plan shall describe security personnel being on-site 24 hours a day or alternative as authorized by the City Administrator or the City Administrator’s designee(s). and must have a verified response security patrol when closed.
E. Employee Training:
a) The Security Plan shall include a description of how employee training records would be maintained for a minimum of seven (7) years.
14. Security Personnel: During all hours of operation, security measures shall be implemented by the owner/operator to the specifications of Municipal Code Section
9.22.360 (Security Measures) and the specifications contained herein this conditional use permit, including but not limited to the following:
a) Uniformed security guards shall patrol the business, including the parking area, during all hours of operation.
b) At a minimum at least one security personnel member shall be deployed on the premises. Additional (more than one) security personnel may by required as determined to be necessary by the Police Chief or the Police Chief’s designee(s). c) Security personnel shall prevent individuals from remaining on the premises including the parking area if they are not engaged an activity directly related to the permitted operations of the cannabis business. In any case where the individual will not voluntarily leave the premises, the security personnel shall immediately contact the Guadalupe Police Department.
d) All security guards shall be at least 21 years of age, have undergone a criminal history background check through the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), and complete the established Power to Arrest Training.
e) All security personnel and guards shall be licensed by the State Bureau of Security and Investigative Services with a valid Department of Consumer Affairs Security Guard License.
f) A designated manager shall be on duty during business hours and will be responsible for monitoring all customer and employee activities.
g) An off-site surveillance provider shall monitor the facility during non-operational hours. The specifications for any off-site monitoring system are subject to approval by the City.
h) The applicant shall identify a designated security representative/liaison to the City.
The security representative shall be reasonably available to meet with the City Administrator or the City Administrator’s designee.
i) To the maximum extent practicable, security personnel will be hired from a local licensed security firm chosen in consultation with the City Guadalupe Police Chief. j) Guards shall not be armed unless otherwise requested by the Chief of Police.
15. Camera - Video Monitoring and Archiving: Prior to operating, a camera plan shall be implemented to the satisfaction of the City Administrator; and/or the City Administrator’s designee. The camera plan shall include both indoor and outdoor camera surveillance, including but not limited to the following:
a) The video surveillance system shall record images continuously 24 hours per day, at a minimum of fifteen (15) frames per second.
b) Cameras shall record point of sale areas and be placed to record the facial features of any person purchasing or selling cannabis products, or any person within the retail area, with sufficient clarity to determine identity. c) Camera recordings shall be maintained for a minimum of ninety (90) days. d) The surveillance system would be equipped with a seventy-two-hour battery backup in case of power failure. This system shall also power electronic door locks / badge readers, alarm system and security lights.
e) The video system will be equipped with a failure notification system. f) Prior to commencement of operations the applicant shall provide TCP log-in credentials and associated software to the City of Guadalupe Police Department. g) The IP address shall be made available to the Director of Public Safety’s designee upon request.
h) Surveillance recordings shall be kept in a manner that allows local and state authorities including the City Administrator, the City Administers designee(s), and Chief of Police to view and obtain copies of the recordings at the licensed premises immediately upon request. These recordings shall be capable of being formatted and stored on USB flash drive.
i) Recorded images shall clearly and accurately display the time and date. Time is to be measured in accordance with the United States National Institute Standards and Technology Standards.
j) The video surveillance system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the video surveillance system or video surveillance-system storage device. k) A camera plan shall be included as part of the approved Building Permit Package.
Cameras shall be placed to record the following areas:
i. All entryways and exits reading to/from the limited access areas; ii. The entryways and exits into the entrance vestibule, both interior and exterior vantage points;
iii. The delivery entry point interior and exterior vantage points; iv. Storage vault;
v. Security system/NVR cabinet;
vi. Recording the facility’s windows from an interior vantage point; vii. Gate to delivery parking area interior and exterior.
16. Alarm System: The facility will be equipped with a burglar alarm installed in accordance with ANS/UL Standard 68-2014 and monitored by a UL-listed central station. a) Passive infrared motion detectors shall be installed to the interior areas. b) Glass-break detectors shall be installed in the interior areas. c) The alarm system would emit audible “mosquito” high pitch frequency. d) A panic button shall be installed at the employee stations, reception area, vault, vehicle loading area, limited access areas, and with the on-duty manager. e) The panic button shall be monitored 24 hours per day, seven days per week. f) The alarm system shall be equipped with a battery back-up with at least 24 hours of continued operation time in case of power failure.
17. Perimeter Security: Prior to facility operations the project shall implement the following:
a) The facility will be armed with a reliable commercial alarm system to be installed and monitored by a licensed alarm/security company Root One will use Selective Security system, Incorporated (Alarm Company Operator #6163) or an equivalent
service provider to the satisfaction of the City Administrator, or the City Administrator’s designee.
b) Passive infrared motion detectors will be installed in interior areas and incorporated into the commercial alarm system.
c) Glass-break detectors will be installed for exterior windows. d) All exterior windows/skylights shall - at a minimum – be reinforced using 3M ultra series window film (ballistic film) or an equivalent product, so as to district, frustrate, and/or impede any attempts at forcible entry. e) The alarm system will include all gates, doors, and windows to be protected and alarmed with contracts that are tied into the alarm system. All access control and door locks will be used in conjunction with the video surveillance system to track all movement throughout the promises.
f) The alarm system will emit audible sound [“mosquitos” (high-pitched frequency devices)] as a deterrent to vandalism or loitering. The system will include an automatic resetting device causing the system to be re-armed upon automatic shutoff.
g) Panic buttons will be installed at workers’ stations in the interior of the premises and one additional panic button will be retained by the leading manager on duty.
The panic buttons will be placed in locations in the reception area, retail area, vault, vehicle holding area, and all other limited access areas. h) All cannabis and cannabis products shall be stored in the vault when not being received, loaded, transformed, unloaded, or sold, or any other reasonable activity within the scope of the retail process.
i) All safes and vaults shall be compliant with Underwriter Laboratories burglaryresistant and fire-resistant standards. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion theft and loss.
j) Perimeter fencing and exterior lighting systems (including motion sensors) for afterhours security as approved by the Chief of Police. k) Burglar, fire and panic alarms shall be operational and monitored by a licensed security company 24 hours a day, seven days a week.
l) First aid supplies and operational fire extinguishers shall be located in the retail area and the manager’s office.
m) One manager shall be on duty at all times.
18. Outdoor Lighting: The facility will be protected by exterior lighting between the hours of dusk and dawn, 365 days a year.
a) The front and rear of the facility will be equipped with security lighting as approved by the city. The entrance and rear of building lighting will be continuously illuminated. Each light will provide at a minimum 1-foot candle intensity. b) The facility will be Illuminated between the hours of dusk to dawn 365 days per year.
c) All outdoor lighting used for security purposes will be shielded and downward facing and placed to minimize glare on neighboring properties. d) Outdoor lighting fixtures shall not exceed sixteen (16) feet in height. e) The placement and specifications for the outdoor lighting shall be shown on the plans submitted for zoning clearance. The outdoor lighting plan will be established to the satisfaction of the Planning Director or the Planning Director’s designee prior to issuance of a building permit.
19. Police Department Access: Prior to issuance of a cannabis business permit, the following shall be implemented to the satisfaction of the Police Chief or the Police Chief’s designee:
a) The Guadalupe Police Department and Guadalupe Fire Department shall be provided with means to quickly gain access to the facility in the event of an emergency.
b) Root One shall provide the Guadalupe Police Department with a binder which shall include this security plan, TCP-login credentials, facility contact rosters, operating hours, and a graphic showing in an example of the employee badges and detailing their level of access to the facility.
c) The Guadalupe Police Department shall have live access to all camera systems by a secured log-in. Furthermore, Root One shall make every reasonable effort to turn over footage to the Police Department for review, in the event that an incident occurs which the retail operation was not involved with but was able to observe through their security system.
d) Root One shall notify the City Administrator, or the City Administrator’s designee(s) within twenty-four (24) hours after discovering any of the following.
e) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations established by the City Administrator or the City Administrator’s designee(s).
f) Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business;
g) The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the cannabis business; or any other breach of security.
20. Odor (Contingency Measures): Based on the relatively small quantities of product and sealed storage locations no significant odor impacts are anticipated. a) As a contingency, if odor complaints are identified by neighboring businesses or residents, a supplemental method to mitigate odor problems may be required. b) If odor complaints were to arise, the operator shall work with the City to establish additional methods of abating odor impacts. The review will be based on the extent and nature of any complaints; and implemented to the satisfaction of the City. c) The project will provide a community contact which will be available to receive notice of any issue and the contract will work diligently to resolve any issue immediately upon notice.
d) If the above-cited measures do not adequately address odor complaints as determined by the City Administrator or the City Administrator’s designee, the project will be required to comply with the odor control provisions set forth in Guadalupe Municipal Code section 9.22.380.I.
21. Limits of Permitted Space: Access to restricted rooms will be controlled by utilizing an RFID card system or an equivalent to the satisfaction of the City. Employees shall be designated a Level of Access based on their job scope, title, and responsibilities.
22. Parking: A total of eight (8) off-street parking spaces is required and twelve (12) offstreet parking spaces are available adjacent to the facility in the shared parking lot. a) Prior to commencement of operations the project will provide parking resurfacing and restriping improvements to the satisfaction of the City.
23. Loitering Prohibited: Loitering on the premises is prohibited. As stated by condition 14 above, Security personnel shall prevent individuals from remaining on the premises including the parking area if they are not engaged an activity directly related to the permitted operations of the cannabis business.
24. Vehicle Repair Prohibited: Service and repair of vehicles is prohibited on the premises.
25. Amplified Sound: Amplified sound on the premises is prohibited unless expressly permitted by the City.
26. Waste Disposal: Waste disposal of cannabis product and paraphernalia will be in conformance with the requirements of (Name disposal service) and must also conform to the City’s Odor Ordinance, Municipal Code Section 09.22.38(I).
27. Fencing and Gates: New fencing and security gates will be established by the owner/operator. Fencing and gates shall meet the specifications of Municipal Code Sections 18.52.120 – 18.52.124. A Building Permit is required for any fencing exceeding six feet in height.
a) New fencing shall be shown on the plan set submitted for a zoning clearance. b) All fencing, new and existing, shall be maintained in accordance with Municipal Code Section 18.52.125.
28. Signs: All proposed signs shall comply with the sign ordinance (Municipal Code Chapter Section 18.51. A zoning clearance shall be processed prior to installation of any signage. for all requested signs.
29. Zoning Clearance: As specified by Municipal Code Chapter 9.22.310 and prior to commencing operations, a cannabis business must obtain a zoning clearance from the Planning Director or the Planning Director’s designee(s); and pursuant to Guadalupe Municipal Code section 18.12.010 no building permit shall be issued until a zoning clearance has first been issued by the City.
Prior to a building permit submittal, the applicant shall submit an application for a zoning clearance to the Planning Department. The zoning clearance application shall include the following materials:
a) A Ministerial application (online) for zoning clearance. b) Copies of the site plan, final landscape and irrigation plan (as applicable), color board, and floor plans.
c) Fees: Contact Alice Saucedo, Permit Technician at: (805) 356-3903 [email protected] for retail commercial zoning clearance processing fees.
d) Signed Agreement to comply with conditional use permit conditions.
30. Landscape Planters: Prior to occupancy the applicant shall establish decorative landscape planter boxes around the project entry. Planter box placement shall not
obstruct required pedestrian clearances. Vegetation in decorative planters shall be maintained in perpetuity by the business owner.
31. Site Maintenance: The outside premises shall be maintained in a clean and orderly manner at all times. The owner/operator shall ensure a routine maintenance program is implemented to include, but not be limited to: routine power washing at building entries, routine removal of trash and litter, immediate graffiti removal, and general routine maintenance of all outdoor use areas, including, building exterior, outdoor storage areas, pedestrian travel areas and landscaping.
STANDARD PLANNING CONDITIONS
32. Additional Permits Required: The use and/or construction of any structures or improvements authorized by this approval shall not commence until all necessary planning and building permits are obtained: And the City has provided authorization to operate. Before any Permit is issued by the Building Department, the Owner/Applicant must obtain written clearance from all City Departments having conditions. Such clearance shall indicate that the that the Owner/Applicant has satisfied all pre-construction conditions.
33. Plans Requirements: The Owner/Applicant shall ensure all applicable final conditions of approval are printed in their entirety on applicable pages of grading/construction or building plans submitted to the Building Department.
34. Contractor and Subcontractor notification: The Owner/Applicant shall ensure that potential contractors are aware of City conditions and requirements. Owner/Applicant shall notify all contractors and subcontractors in writing of the site rules, restrictions, and Conditions of Approval and submit a copy of the notice to Planning Staff.
35. Construction Hours: The Owner/Applicant, including all contractors and subcontractors, shall limit construction activity, including equipment maintenance and site preparation, to the hours between 7:00 a.m. and 5:00 p.m. Monday through Friday. No-noise generating construction shall occur on weekends or state holidays.
Non-noise generating interior construction activities such as plumbing, electrical, drywall and painting (which does not include the use of compressors, tile saws, or other noise- generating equipment) are not subject to these restrictions. The applicant is advised that the building inspector and planning staff will spot check and responds to complaints.
36. Fees: Prior to issuance of a building permit, the applicant shall pay all fees due to the Planning Department and those applicable fees to Building at the time of permit issuance.
37. Recycling: Excess construction materials and demolition materials shall be recycled to the extent feasible and proof of recycling in the form or receipt from the recycling facility noting recycled materials and amounts shall be provided to City staff.
38. Security: Any identified illegal activity shall be immediately addressed and terminated by the property management.
39. Fence and Wall Maintenance: Fences and walls shall be maintained in an upright vertical and unbroken condition and in accordance with Municipal Code Chapter
12.52.125. Any graffiti shall be removed within 48 hours.
40. Time Limitation: This conditional use permit is valid for a period of two years from the date of its issuance. The permit shall become null and void if a building permit is not implemented, to the satisfaction of the Planning Director, within the two-year period.
41. Time Extensions: All Projects: The Owner/Applicant may request a time extension prior to the expiration of the permit or entitlement for development. The review authority with jurisdiction over the project may, upon good cause shown, grant a time extension in compliance with City rules and regulations, which include reflecting changed circumstances and ensuring compliance with CEQA. If the Owner/Applicant requests a time extension for this permit, the permit may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed circumstances or additional identified project impacts.
42. Site Maintenance General: The site shall be kept clean with regular pick-up of any trash accumulating on the property as stipulated under the provisions of Municipal Code Section 8.50.070.
43. Outdoor Storage: Outdoor storage of goods, materials, equipment, and vehicles shall only occur in designated areas screened from public view. No cannabis materials may be stored outside the main building or the container.
44. Compliance with Conditions: The applicant shall always comply with these conditions.
If a complaint is filed with the City, staff will review the complaints and determine if a meeting with the applicant and complainants can resolve the issue(s). If no resolution is reached, a hearing will be scheduled before the City Council for staff to present a recommendation to resolve the issue(s). The applicant shall be responsible for the fees to cover staff time.
45. Public Nuisance: Any public nuisance determined to be significant by the City can result in a public hearing before the City Council. The Council, after revieing staff input and public comment, will determine if the facility is operating within the approved conditions of approval. If the operation is found not to be compliant with the
conditions, a decision could be made to amend or add conditions or to revoke the permit altogether. The operator is responsible for City fees to process the nuisance hearing.
46. Expiration Date: GMC 18.72.130 Any conditional use permit or variance granted in accordance with the terms of this title shall be null and void if not used within one year from the date of the approval thereof, or within any shorter or longer period of time if so, designated by the City Council. (Ord. 189 Art. 5 §4, 1980)
47. Agreement to Comply: Approval of this Conditional Use/Design Review Permit is not valid until the property owner or authorized agent signs and returns the Agreement to Comply form, agreeing to the terms and Conditions of Approval. The signed form must be submitted to the Planning Department prior to issuance of a Zoning Clearance.
48. Revocation: In accordance with Municipal Code Section 18.72.140 (A), this conditional use permit may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such permits are violated. Before the City Council considers revocation of any permit, the City Administrator or his/her designee shall hold a hearing thereon after giving written notice thereof to the permittee at least 10 days in advance of the hearing. Within 5 days after the hearing, the City Administrator, or his/her designee shall transmit a report of its findings and its recommendations on the revocation to the City Council.
FIRE DEPARTMENT CONDITIONS
49. The project applicant shall comply with all adopted 2022 California Fire Code requirements as well as all adopted code amendments under Guadalupe Municipal Code section 15.08.020 and 15.08.030 at the time of Plan Review. (A.0)
50. Digital Site Plan: Prior to Fire Department’s final approval, a site plan in a PDF format shall be provided with the following information if applicable: On-site hydrants, FDC/OS&Y locations, standpipes, Sprinkler Control Valves (Riser), Fire alarm panel (FACP) Utilities (Gas/Electric/Water) Knox/box/switch location(s), Ingress/Egress, Stairwells, Individual floor control valves, individual floor plans including unit numbers, Laundry rooms(s), Elevator rooms(s), Roof access(s), Solar Panels, and DC shutoff locations.
51. Document identifies an Alarm System. The fire alarm system must be separated from the security alarm system and must meet NFPA 72 requirements.
52. Buzz-in Security Access. Buzz-in security doors must not impede free access to exit the facility. Doors must be equipped with no-knowledge hardware for exiting purposes.
53. All new commercial occupancies shall have a Knox brand key box installed as directed by the fire Code Official. All gates or similar barriers shall have a Knox brand switch or padlock installed in addition to any lock placed by the property owner or tenant.
54. Address numbers. New and existing buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street, or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 6 inches (152 mm) high with a minimum stroke width of 0.75 inch (19 mm) for commercial and industrial occupancies.
55. Numbers and/or letters of larger size may be required based on the size and design of the building or group of buildings.
56. Rear Door Address Numbers. All commercial and industrial buildings with access via an alley or other similar roadways shall have the address number, and street name provided on or adjacent to the rear door of the building or tenant space. These numbers shall contrast with their background. Address and suite numbers shall be Arabic numerals or alphabet letters, shall be a minimum of 6 inches (152 mm) high with a minimum stroke width of 0.75 inch (19 mm).
END OF CONDITIONS
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ATTACHMENT 3
Root One Cannabis Dispensary
A Project by SLOCAL Management LLC
Project Description
4/29/22
Proposed Project: Retail Cannabis Use Permit
Legal Name: SLOCAL Management LLC
DBA: Root One
APN: 115-072-13; 115-072-14
Address: 928 Guadalupe Street, Guadalupe, CA 93434
Parcel(s) Size: 7032 square feet
Building Square Footage: 2044’
Land Use Designation: GC, General Commercial
Access: Access from Guadalupe Street
PROPOSED PROJECT
A request by SLOCAL Management LLC for a Conditional Use Permit to authorize the retail of cannabis consisting of approximately 2,000 sq. ft. Our location at 928 Guadalupe Street consists of two legal parcels (APN: 115-072-13; 115-072-14) in the appropriately zoned “GC” (General Commercial) and meet all the locational ATTACHMENT 4
requirements as described in GMC sections 9.22.33 and Title 18. One parcel is dedicated to parking, and another with a stand alone building that will only contain the proposed retail dispensary and secured parking area. The project also includes proposed addition of a 160 sq. ft. prefabricated metal room to be used as our high security storage location in lieu of building an internal “cage”. The proposed project has been designed in full compliance with LUO Section 4, Chapter 18322.30- Cannabis Activities as approved by the City Council on November 27, 2021.
We seek to preserve and enhance the beautiful look of this building from the street and will engage the build-out and preparation with this ethos at heart. Our aim is to make the interior as striking and inspiring as the facade.
In designing our retail location, we took careful consideration to include design attributes that complimented and are consistent with the Guadalupe General Plan.
We heavily considered the architectural traditions of the Guadalupe area including, the historic downtown design and the Mission/Spanish Colonial/early 20th Century architectural design elements of the downtown corridor. From landscaping, signage, lighting, parking, enhancements of our exterior, and our entry experience, we reflected upon the General Plan for guidance.
Our interior is designed with a check-in lobby separate from the sales floor, equipped with a “buzz-in” style security door to ensure that only properly identified individuals may gain access to cannabis products.
PROPOSED IMPROVEMENTS
Although extensive updates have already occurred in the last decade, Root One has identified areas for further improvements. The first improvement proposed is to solidify the integrity of the windows, doors, skylights, and walls from a security perspective. The rear yard will be reconfigured to allow secure parking and delivery areas, and a new fence with an automatic security gate will be added. We propose the addition of a steel shipping container to the rear of the building to serve as a secure vault. This will be framed and covered in stucco to match the existing buildings color and texture. Root One will also resurface the parking lot and secure delivery area before opening.
Any improvements Root One makes to the location shall adhere to the Guadalupe general plan guidelines and any other applicable City of Guadalupe and State of California guidelines.
LANDSCAPING
Landscaping opportunity around our facility is limited. There will be small window centric-planter boxes/living wall and a small area of employee outdoor break area that could contain landscaping. Root One commits to using native water wise plants wherever landscaping is chosen. All landscaping shall include drought-resistant plants.
Special care will be taken to ensure that the landscaping plan fits the strictest environmental standards and organic practices will be used at all times.
ENTRY
All design elements shall be consistent with Guadalupe General Plan and Root One shall also maintain the design of the entrance on Guadalupe Street with a Mission/ Spanish Colonial style feel. The current look shall be maintained. We plan to change the current wood front doors into steel that has a wood finish appearance. Windows to be preserved (no steel bars added). Shatter proof appliqués to be applied to windows to enhance security aspects.
SIGNAGE
Our name, Root One, is a nod to our locale on Highway 1, our long legacy in the industry, and the ties that bind us all. Our leadership understands the rich history and themes the town is known for. All signage for the project shall adhere to a look and style consistent with the historic feel of the downtown area and the Guadalupe General Plan.
Our proposed signage is our logo, discreetly etched into a wooden fascia sign affixed to the front of the building as well as on the parking lot side wall. That coupled with a projecting sign hung perpendicular to the front entrance on Guadalupe Street completes the external signage.
Per the Guadalupe Municipal Code: 8.52.150 Signs—Size and number restrictions. (Ord. 2016-448 §1; Ord. 189 Art. 4 §7.2, 1980), our blade sign will not exceed the 64 square feet on either side.
FENCING
Our Secure Receiving Area, at the rear of the building, will be fully fenced in compliance with State of California cannabis regulations, and in line with Guadalupe municipal code (18.52.124 Fence and wall heights. & 18.08.335 Fence.). Fence and gate done with a wood or wood fascia. The delivery entryway is located at the rear of the building on the east-side within a secure yard. The Delivery vehicle parking area shall be secure within an 8 ft solid metal and wood fence/sliding gate. The gate shall be remotely opened from the management/security office and locked mechanically and magnetically. The loading area/dock entry point into building shall be secured with doors that are certified by the LPCB to LPS 1175: Issue 7 Security Rating 4 or higher.
LIGHTING
All lighting shall adhere to the Guadalupe General Plan. In order to maintain a night sky that is relatively free from glow emanating from over-lighting in the commercial area, Root One shall utilize security motion sensor energy-efficient lighting appropriately shielded to maintain lighting on the exterior of the building and in the designated parking areas. All fixtures shall implement design elements appropriate to the character of the surrounding community. Fully shielded vintage lighting fixtures or replicas shall be used for entry and exit areas. Entry lighting shall enhance the building as well as pedestrian safety. Attention to customer safety shall be used to determine lighting locations.
Parking lot lighting shall not exceed 16’ in height and will have an architectural style compatible with the historical theme of the town. Energy efficient, low glare lighting shall be implemented throughout. High intensity lighting shall not be used in any exterior portions of the property. After hours, Root One will turn off all excess lights with the exception of those which will remain on for safety and security. As noted above, security motion sensor lighting will be implemented over static lighting solutions whenever possible. LED lighting options will be used throughout the interior and exterior to decrease Root One’s energy footprint.
USE OF ENERGY EFFICIENT LIGHTING AND EQUIPMENT
Root One will work with local utility providers and the Green Business Program of Santa Barbara County to find the most efficient means of providing electricity to our facility and earn certification as a Green Business. All light bulbs in our facility will be energy efficient LED lights and we will utilize the existing skylights and daylighting to reduce energy use. Equipment (such as computers, refrigerators, kitchen related equipment, registers, POS equipment) will all include the most current energy efficient technology.
Root One will install automatic bath- room lighting, faucets, and hand dryers. All office space will have automatic energy efficient lighting.
PARKING PLAN
Root One’s onsite parking is sufficient to not only serve the needs of our customers, but also succeeds in putting no stress on our neighboring businesses’ available parking.
Root One’s proposed site at 928 Guadalupe Street is located in a redeveloping area of downtown Guadalupe. Customers taking Highway 1 will drive through the commercial corridor to the storefront. Visitors approaching from Santa Maria and the east may enter Guadalupe via State Highway 166 (Main Street), which intersects Guadalupe Street at the south end of town. Root One customer flow provides an exit directly onto Guadalupe Street.
On property, Root One plans twelve (12) designated f spaces. Per the Guadalupe ggunicipal Code (18.60.050), this is more than sufficient for our building’s size. Parking sites will also comport with section 18.60.030 Construction specifications and access standards. Dimensions will be in line with the 19 foot by 9 foot minimums as well as marked by the requisite double stripes. (per 18.60.130 Curbing and striping.) The driveway to our parking lot on the north side of our property is wide, possesses appropriate ingress/ egress, and enjoys an excellent line of sight for both the drivers and any pedestrians. There are no blind or limited entries or exits, and visibility to the entire road upon exiting is ample.
The sidewalk in front of our building is ample with a ten-foot width, and no impediments besides the existing tree will be placed to interrupt the free flow of foot traffic.
Company-owned vehicles shall be parked in the secure Receiving Area, protected by a security gate and fencing, eliminating the need for these vehicles to be parked on the street. Further, all delivery of Cannabis goods shall take place within this secure Receiving Area, with delivery vehicles completely enclosed by the security gate and fencing, eliminating the possibility of deliveries disrupting traffic flow or taking up customer and public parking spaces.
Hours of Operation
Root One hours of operation shall be Monday-Sunday from 9am to 8pm.
Operations
Daily Operations
Root One ownership and has extensive experience operating both Proposition 215 and Proposition 64 cannabis retail and delivery operations, with owners having been recently awarded a storefront license in the City of San Luis Obispo. The Standard Operating Procedures outlined here have been informed, evolved, and honed over many years by those operations. Our operating procedures have been crafted with the specific needs of the community of Guadalupe in mind and work effectively under current markets and regulations. This is an overview of the living document that outlines the Standard Operating Procedures for Root One retail storefront.
A state cannabis licensee must submit an annual renewal to remain active. Licensees are also subject to strict compliance with all state and local laws, as well as any random inspections to the licensed premises, regarding the businesses’ operating procedures set by state and local regulations. We have included an overview of our Standard Operating Procedures (SOPs) as a demonstration of our commitment to operating a well-organized, efficient, and compliant Cannabis Retail Storefront and mobile delivery service.
Austen Connella will be responsible for all regulatory compliance matters and will be implementing a training program for all employees based on our final SOPs, as they are submitted to the state with our annual license application.
Sales Floor Processes
Root One has designed the flow of customers throughout the facility with security, surrounding neighborhood, and health and safety in mind. Customers shall enter at the designated entrance on Guadalupe Street. This allows easy access to the entrance from the parking area. The lobby/welcome area shall be segregated from the sales floor for an added layer of security. This allows Root One the ability to ensure that every customer’s ID is checked and age verified. Once the customer enters the sales floor they will be helped by any available Budtender or Manager On Duty as they make their way around a central island display. There are two POS systems located along the north side of the retail floor near the exit. Once the customer has completed their purchase they will exit via the exit door to Guadalupe Street. This design allows a flow of traffic that is both secure, neighborhood-friendly, and COVID safe.
Open Procedures
Manager On Duty should arrive at least 30 minutes before opening to ensure readiness.
If there is any evidence of tampering with the lock or attempted break-in, the Manager On Duty must not enter the facility and contact the Guadalupe Police Department. If all is well, the Manager On Duty shall enter and turn off the alarm. The Manager On Duty must know how to use the "duress code" in the event he or she is ambushed at the opening. The Manager On Duty shall do a visual check to ensure all windows, inventory, and physical assets have not been disturbed while turning on all lights. Turn on all computers and POS Systems and inspect the store for cleanliness. Prepare task assignments or duties necessary for arriving employees. Ensure the front door is locked until employees arrive.
Closing Procedures
Return all inventory from the sales floor to the vault and check that all doors are locked.
The Manager On Duty will unlock the vault room or safes to store all products and relock when complete. Prepare End of Day reports on POS System and print closing reports. The Manager On Duty will do a walk-through to ensure all doors, safes, vault room & refrigerators are secured. Before exiting the building, the Manager On Duty will set the alarm and lock the front door.
A. Check-In Procedures
Customer Entry To Facility
Root One entrance shall be located on Guadalupe St. There shall be 12 parking spaces available for customers located along the north side of the building. The customer shall first enter a lobby, segregated from the sales floor. A security guard is stationed at the front of the store just outside the foyer during all business hours. The customer shall check-in at the Customer Service Window. A Customer Service Representative shall verify the customer’s Identification and, if applicable, a Californiaissued Medical Marijuana Identification Card (MMID). The Customer Service Representative shall enter customer information into TREEZ to ensure new customers receive a unique ID number. Once verified, the Customer Service Representative shall allow the customer entry by remotely unlocking the door to the sales floor. The door shall automatically lock behind the customer.
Guest Greeting and Intake Procedure
1. All check-in procedures are completed in the lobby. No guest may be allowed onto the retail showroom floor until that guest has completed the check-in process.
2. All guests must provide valid proof of age following Root One’s Age Verification Process before checking in.
3. Checking in a New Guest
a. Once an employee has verified a guest’s credentials, please complete all guest intake information for each new guest.
i. Create a profile in the POS system by clicking “Add Person” ii. Enter the guest’s name and date of birth into the appropriate data fields. iii. Save the profile and click “check-in” to enter the guest's name into the queue. b. If the guest is an adult-use customer, inform the guest that we cannot sell more than the legal amounts to a single adult-use cannabis customer in a single day:
c. Once the guest has been helped, or another employee is assisting the guest, return to the guest profile and fill in all other related data fields including those found on the guest intake forms.
4. Checking in a Returning Guest
a. Find the guest’s profile in the POS system.
b. Once the profile shows up on the screen, click the guest’s name to see the guest’s history at Root One and any customer notes.
c. Confirm the guest that has not already purchased his or her allotted daily limits. d. Click “Check-In” to enter the person’s name into the queue.
5. After the guest has been checked in, the guest will stay in the lobby until an employee personally buzzes the guest into the retail showroom through the secure access doors.
Customer Experience
Once the customer enters the sales floor, they will be greeted by the Customer Liaison.
The Customer Liaison (a Roaming budtender or Assistant manager) will determine what the customer wants and direct the customer to the appropriate areas on the floor to find those products. The customer will then be helped by any available Bud Tender. If the customer wants to view an item in the refrigerated section, the Budtender will assist them. If the customer would like to buy an item, the Customer Liaison shall bring those items to an available Budtender, who will then help the customer with additional purchases and/or check the customer out.
All sales shall occur on the sales floor and at least two employees shall always remain physically present during business hours.
Sample Handling
A select collection of products shall be made available for customer inspection outside of their manufacturer packaging. These products include flowers, select edibles, and select concentrates. The customer may request to inspect one of these products. At that time a Budtender shall retrieve the item from its secure location and allow the customer to inspect the container. At no time may the customer physically touch the product. With the assistance of the Budtender, the customer may smell and visually examine the product. Upon completion of the inspection the item(s) is returned to its secure location.
Check Out
As the customer selects items for purchase, the Budtender shall enter the selections into the POS System and shall retrieve the stock from its secured location. The Budtender shall place the selections in a State compliant exit bag. Before placing any item into an exit bag, the Budtender shall verify the expiration date on all items and verify that the product is properly pre-packaged and pre-labeled, for final sale. When the customer is finished selecting their products the Budtender shall direct the customer to the appropriate cash drawer. The POS System shall have an alert in place to notify the Budtender of purchases that exceed the daily personal limits of 28.5 grams of flower or 8 grams of concentrate or 6 plants for adult-use customers. The Budtender shall verify that the order is correct, all of the cannabis goods purchased are listed, including the quantity, price, and taxes; verify Budtender first name and customer number are recorded in the transaction record; verify customer’s first name and customer record are recorded in the transaction record; verify all goods have been placed in the exit bag; take payment from customer; and complete the transaction. The POS System shall auto-verify the date and time of the transaction, providing an audit trail. Once the customer has checked out they shall exit Root One via the exit door onto Guadalupe Street.
Express Ordering
Root One shall make Express Ordering available to customers via website and phone ordering capabilities. When a customer places an order through the website the order is assigned to the next available Budtender in the POS System. When a customer places a phone order the Budtender shall create an Express Order in the POS System. Once an express order is created the system will create a pick ticket. The next available Budtender shall fulfill the order and place it into a State compliant exit bag. The order shall then be placed in a designated secure Express Order station. Customers may enter the sales floor after checking in at the Customer Service Window. They shall then be checked out at the Express Order Station by any available Budtender.
Customer Product Returns
Root One does not accept returns for cannabis flowers, concentrates, or edibles. Root One shall accept the return of products from customers only when a product is defective or damaged. If a product is defective or damaged the customer shall be instructed to file a product complaint using the process defined below. The unused portion of the purchase may be returned for exchange or a refund of the original purchase price using the original method of payment. Returns must be accompanied by the original receipt of purchase and only the original purchaser may facilitate a return with the approval of the Manager On Duty.
Any Budtender or Manager may accept a customer return via the POS System. The Budtender or Manager shall identify the purchase in the POS System, verify the customer name, receipt, original date of purchase, and product being returned. The Budtender or Manager shall inspect the returned product. The POS System shall record the reason for the return and the customer’s preferred resolution, then credit the customer for the item. The Budtender or Manager shall place the returned product in the secure Unsaleable Drop Safe on the sales floor, following the Inventory Control procedures for Unsaleable goods. The drop of the product shall be recorded manually in the Unsaleable Log. If the customer would like an exchange the Budtender or Manager shall assist the customer in selecting a product for the exchange before completing the transaction. If the customer prefers a refund, the Budtender or Manager shall issue the refund and complete the transaction.
Product Complaints
Root One has established a process for product complaints. A product complaint means any communication that contains any allegation, written, electronic, or oral, expressing concern, for any reason, with the quality of a cannabis product that could be related to the manufacturing practices. Examples of product complaints may include, but are not limited to, foul odor, off-taste, illness or injury, disintegration time, color variation, foreign material in a cannabis product container, improper packaging, mislabeling, cannabis products that contain incorrect concentration of cannabinoids, or cannabis products that contain a wrong ingredient, or any form of contaminant.
A customer who wishes to issue a complaint shall use Root One’s Product Complaint Form. The Product Complaint Form shall contain a unique number; the customer’s name, customer ID, address, and phone number; the nature of the complaint; whether or not the customer possesses the packaging and contents of the product; date the customer discovered the issue; and the signature of the customer.
Upon receipt of a product complaint, in accordance with Section 40266 of the CDPH Regulations, “Product Complaints”, Root One shall assign a qualified individual to review and investigate all product complaints to determine whether such complaints involve a possible failure of a cannabis product to meet any of its specifications. Quality Control Personnel shall review and approve the findings and follow-up action(s) of any investigation performed. Any review and/or investigative activities by qualified individuals and Quality Control Personnel shall extend to all relevant batches and records. Quality Control Personnel shall maintain written records for every product complaint and subsequent investigation if any. These records shall include the name and description of the cannabis product; the batch number or UID of the cannabis product, if available; the date the complaint was received and the name, address, and/ or telephone number of the complainant, if available; the nature of the complaint, including, if known, how the product was used; the reply to the complainant, if any; and any findings of the investigation and/or follow-up action taken when an investigation is performed. Root One may contact customers or Vendors, notify public health authorities, and/or if severe enough, put the product through the recall process.
Cash Handling Procedures
Root One is committed to securing banking and to offering credit and debit card capabilities for our customers so that cash transactions are limited. However, the need to safely store and handle cash on premises remains a priority. Root One shall ensure that cash onsite is stored in a secure safe with the bulk of cash double secured in a secure safe within a secure vault. The Manager On Duty is responsible for accessing, distributing, and collecting cash. The cash safe shall only be accessed when a security guard is present and on duty. Before the start of business, the Manager On Duty shall verify funds in the safe and update the Cash Log. If necessary the Manager On Duty shall prepare a bank deposit. The Manager On Duty shall prepare sales floor cash drawers for the coming day. Each drawer shall contain $100.00 in change. The Manager On Duty shall lock the safe and the vault before distributing prepared drawers to Budtenders.
At the start of their shift, Budtenders shall contact the Manager On Duty to receive their cash drawer. The Budtender shall count the drawer in the presence of the Manager On Duty to verify the $100.00 change fund. The Manager On Duty assigns the drawer to the Budtender in the POS System and places the cash drawer at the assigned workstation and the Budtender may then begin helping customers. Each Budtender is assigned their own cash drawer so that employees are held accountable and so that any discrepancies can be identified efficiently.
Throughout the day it may be necessary for Cash Drops to be made. The POS System will issue an alert to the Manager On Duty and the Budtender that the cash drawer has reached $1,000.00. After receiving notification, the Manager On Duty shall alert the security personnel of the pending Cash Drop and contact the Budtender. The Budtender may also notify the Manager On Duty of the need for a Cash Drop. The Manager On Duty shall remove $800.00 from the cash drawer and place it in an envelope, recording the time of the drop, register ID, Budtender name, Manager On Duty name. The Manager On Duty shall also complete the Cash Drop in the POS System. The envelope shall be placed in a drop safe located in the wall between the sales floor and the Inventory Office. The Manager shall transfer the envelope from the drop safe into the safe in the vault later in the shift. The drop safe ensures that the cash is removed from the sales floor immediately, and allows the Manager On Duty the ability to choose a slower time to transfer the cash into the vault while keeping the cash secure in a restricted area. Once the Cash Drop is complete the Manager On Duty shall notify security. All drops shall be reconciled with their corresponding cash drawer at the end of the Budtender’s shift.
At the end of their shift, the Budtender shall run an “End of Shift” report from the POS System that itemizes and summarizes the activity for the person and drawer assigned to that person including the expected cash from shift activities. The Manager On Duty and Budtender shall remove the drawer and take it to the Inventory Office to count. Security personnel shall be notified when end-of-shift counting is taking place. The Budtender shall remove all cash from the drawer and create a $100.00 change fund, returning that $100.00 to the drawer. The Budtender counts the remaining cash and compares that count to the expected cash from the POS System “End of Shift” report. Overages or Shortages are noted in the system and the Budtender signs the report. The Manager On Duty verifies the cash count and reconciliation and signs the report. The Manager shall then place the cash in the safe in the vault and either assign the drawer to another Budtender or place it in the safe as unassigned. The signed “End of Shift” reporting is placed into the safe for the daily reconciliation.
At the close of business each day the Manager On Duty shall advise security personnel when end-of-day cash counting begins. The Manager On Duty shall run a daily reconciliation/activity report from the POS System. The Manager On Duty shall count all drops and drawers, verifying the previous counts from the day. The Manager On Duty records the total cash received and compares that amount to the expected cash calculated by the POS System, recording any overages or shortages in the POS System. The Manager On Duty shall research any overage or shortage to the extent possible within the time allowed. If necessary, further research shall continue the following day and the General Manager is notified.
Once reconciled, the Manager On Duty shall prepare a bank deposit and armored courier documentation for all cash from the day’s activities. The cash, deposit slip, and documentation shall be placed in bank bags and then into lockable courier bags and locked. The courier bags are then placed in the cash safe in the vault until the courier arrives to pick them up.
Root One shall contract with an armored courier compatible with our banking institution.
The courier shall pick up cash on a schedule to be determined. When an armored courier arrives they shall check in with security. Security will then inform the Manager On Duty. The Manager On Duty will secure the Inventory Office and Receiving Area.
Security shall direct the courier to the Receiving Area. The Manager On Duty shall verify the courier via security camera at the gate to the Receiving Area. Once verified, the Manager On Duty shall open the gate remotely from the Inventory Office. Once the courier’s vehicle is safely within the Receiving Area, the Manager On Duty shall remotely close the gate, securing the vehicle. The Manager On Duty shall remove the locked courier bags from the safe in the vault and place them in the Inventory Office.
The Manager On Duty shall then lock the vault. Once this is complete the Manager On Duty may allow the courier access to the Inventory Office. The Manager On Duty shall transfer the deposit to the courier and the courier and Manager On Duty shall sign the transfer documentation and the courier shall exit the Inventory Office to the Receiving Area. Once the Manager On Duty confirms the deposit is secure in the courier’s vehicle and the access from the Inventory Office to the Receiving Area is locked, she/he shall open the gate to allow the vehicle to exit. Once the courier has exited the Receiving Area, the Manager On Duty shall close the gate. The Manager On Duty shall then notify security that the transfer is complete.
Customer Entry To Facility
Root One entrance shall be located on Guadalupe Street. There shall be 12 parking spaces available for customers located on Root One’s property adjacent to the building.
Via the entry, the customer shall enter a foyer, segregated from the sales floor. A security guard is stationed at the front of the store just outside the foyer during all business hours. The customer shall check-in at the Customer Service Window. A Customer Service Representative shall verify the customer’s Identification and, if applicable, a California-issued Medical Marijuana Identification Card (MMID). The Customer Service Representative shall ensure new customers receive a unique ID number. Once verified, the Customer Service Representative shall allow the customer entry by remotely unlocking the door to the sales floor. The door shall automatically lock behind the customer.
Receiving Deliveries
Procurement Plan
Root One has a hyper-local commitment to sourcing over 80% of supplies and equipment and products from businesses within 90 miles. Root One also commits to using local contractors for dispensary build-out and to designating prime shelf space for local brands. We intend to carry at least 30% Central Coast Grown, Manufactured or Distributed Cannabis.
We will personally vet, obtain and maintain all required documentation from any vendor before doing business with them. This shall include verifying any license documentation is active with the State of California. Distributors we already have., Both companies have committed to providing products grown or sourced on the Central Coast.
All Vendors shall have both a digital and physical file at Root One. These files shall contain all documentation collected during each transaction. All Vendor transactions shall be entered into the METRC Track and Trace database by Inventory Personnel.
Quality Control of Incoming Products
When transferring cannabis goods batches between the licensees and storage ALL information including name, license number of manufacturer or cultivator, date of entry into the storage area, UID, and batch numbers with description and weight(s)/quantity of units in the batch will be listed on both the shipping manifest as well as the storage log and will be verified by both the shipper and receiver prior to loading and unloading of cannabis goods. The inventory manager will be the directly responsible person.
Root One shall utilize an in-house “Final packaging requirement checklist”. Inventory Personnel will complete training to ensure they understand procedures.
Root One shall utilize an in-house “Label verification checklist”. Inventory Control Personnel shall complete a training session before being qualified for label confirmation.
The controlled storage vault is located behind the inventory manager’s office, and restricted access is controlled through a secondary ID access point to ensure qualified employees gain access to storage.
From the moment the product is received from the distributor, the product will be handled with extreme care to minimize physical damage. The product will immediately be stored in the secure inventory intake area which will be climate controlled. From there they will be moved into the climate regulated vault. The vault will be carefully organized using inventory bin organizational systems in a way that will prevent damage to the products. Products will then be able to be transferred to the retail floor as needed which will also provide a climate-controlled environment. Care will be taken to ensure that products are not damaged from light exposure. Product rotation will be observed by moving the newest products to the back of the inventory shelf. No products past their expiration date will be sold. Product quality control is also governed by which products Root One chooses to retail and secondary quality inspections occur at intake. By only carrying products from the most reputable producers and distributors, Root One can ensure the highest quality consumer experience.
Root One has done and will continue to do extensive research on available products and the products it chooses to carry.
Securing Product Deliveries
To ensure ultimate security, only one appointment/delivery may be conducted at a time.
The Inventory Office shall remain locked and secured while the delivery is in process.
Upon arrival, the Driver shall check in with security and present their delivery paperwork. Security shall call the Manager on Duty to confirm the appointment and paperwork. Upon verification, the security shall direct the Driver to the Receiving Area, a fully enclosed parking area at the rear of the building. This secure Receiving Area shall be protected by a security gate controlled remotely from the Inventory Office and in view of multiple security cameras. The Receiving Agent shall preview the Driver via security camera from the Inventory Control Office and if all is in order the Receiving Agent shall open the gate to the Receiving Area so that the Driver may pull their vehicle in. The Receiving Agent shall then close the gate behind the vehicle to secure the delivery. The Manager On Duty shall ensure the vault is secure prior to accepting a shipment into the Inventory Control Office. Once the gate is closed and the vault is secure, the Receiving Agent shall allow the driver into the Inventory Control Office. Access to the Inventory Control Office shall be limited to Root One Managers and Receiving Agents / Inventory Control Personnel via key card access locks and Vendor representatives.
The Driver for the Carrier is responsible for unloading and segregating the shipment by purchase order to the Inventory Control Office. The Receiving Agent shall inspect the shipment for State packaging compliance; Track and Trace registration and labeling compliance; Licensed Vendor information matches the ASN, and expired product. Any items requiring refrigeration shall be placed in the designated refrigerator in the Inventory Office. Should any purchase order fail this inspection the shipment for that purchase order shall be rejected and be the responsibility of the Carrier and Vendor.
Until received, the shipment ownership shall remain with the Vendor.
Upon inspection of the vendor delivery manifest, and completion and reconciliation of the Bill of Lading and the unloading of the shipment, the Receiving Agent shall unlock the door between the Inventory Control Office and Receiving Area to allow the driver to leave. Once the driver exits the Inventory Control Office, the Receiving Agent shall then lock the door to the Inventory Control Office to secure the delivery. Once the Receiving Agent verifies via security cameras that the driver is in their vehicle and ready to exit, the Receiving Agent shall open the gate remotely to allow the vehicle to exit.
Immediately after the vehicle leaves the Receiving Area, the Receiving Agent shall close the gate. In the event of a COD shipment, the driver must remain in the Inventory Office until the entire receiving process is completed including reconciliation to the purchase order and quantity and SKU verification.
Point-of-Sale System
Root one will use TREEZ as its inventory software and its point-of-sale software, which meshes with METRC. This system is industry-leading software that makes sales transactions seamless while managing wholesale ordering based on sales volumes as well as customer database features such as last order details, frequent buyer programs, and group discounts. This enterprise solution guides customer management, point of sale management, inventory management, and is instrumental in compliance management.
As the point of sale and management platform to more cannabis dispensaries in California than any other, they have the most robust sales data that is available to their customers like us. This aids in innumerable ways, from spotting buying trends, adjusting to seasonal sales patterns. The store will have two point of sale locations, at least one being ADA compliant. Their CloudTREEZ service compiles all necessary reporting data in real-time to the California state METRC system through their API gateway.
TREEZ provides effective cutting edge technology solutions for the emerging legal cannabis industry that:
• Prevent product theft
• Assist business owners with running their manufacturing, packaging, distribution, and retail operations more profitably and to better assist with legal compliance • Protect consumer data
• Provides point of sale data as well as audit trails of both product and cash • Built by compliance minded operators to connect the entire supply chain with easy compliance and enterprise-level business solutions at its core • Real-time integration with METRC
• Best in class customer management, 24/7 support, and Point of Sale tracking • Scalable inventory, reconciliation, and product management, robust vendor management, analytics tools, tax modules, finances, and reporting • Ensures compliance with tax laws, age verification using handheld devices that scan IDs, track purchasing limits across all locations, and much more.
Labeling and Packaging
Root One will abide by all State regulations concerning labeling and packaging and will ensure that all products sold in its retail storefront conform to State regulations for labeling and packaging. In accordance with State regulation, all retail products sold by Root One will leave the dispensary in an opaque exit bag.
Root One will only allow the sale of cannabis and cannabis products that have passed the following requirements:
The cannabis goods were received by Root One from a licensed distributor or licensed microbusiness authorized to engage in distribution
We have verified that the cannabis goods have not exceeded their best-by, sell-by, or expiration date if one is provided
In the case of manufactured cannabis products, the product complies with all requirements of Business and Professions Code section 26130 and California Code of Regulations, Title 3, Division 8 and Title 17, Division 1, Chapter 13; and all other relevant laws;
The cannabis goods have undergone laboratory testing as required by the MAUCRSA and Chapter 6 of the CCR
The batch number is labeled on the package of cannabis goods and matches the batch number on the corresponding certificate of analysis for regulatory compliance testing The packaging and labeling of the cannabis goods comply with Business and Professions Code Section 26120 and all applicable regulations within the California Code of Regulations, Title 3, Division 8 and Title 17, Division 1, Chapter 13; and 7.
The temperature of the dispensary floor will be kept between 65 to 70 degrees Fahrenheit. Refrigeration maintained at 41 degrees Fahrenheit will be provided for cannabis products that are intended for human consumption in the inventory room. The humidity within the inventory room will be kept at 55%.
Delivery Services
Delivery Service Procedures
Root One will have a delivery feature to its operations. The property is set up very well for it (for more: see Section H - Proposed Location). We will have a total of three delivery vehicles, all with secure parking when not in use inside our fenced loading area behind our building at the back of the property. These three vehicles will be plain, unmarked, current model Nissan Leafs or (similar vehicle) to keep the drivers comfortable and safe from prying eyes. They will discreetly move from delivery to delivery, blending into the average traffic around them. The electric nature of these vehicles will keep our commercial carbon footprint to a minimum.
Deliveries
Our numbers show us that a well-operated delivery business can provide an extra 20- 30% in sales to the storefront retailer. The delivery of cannabis products shall utilize a common set of operating processes, systems, and resources. All general aspects of delivery operations are described below except inventory control which is described in the Inventory Control Plan. All delivery controls, processes, and systems are METRC compliant and represent best practices from other industries applied to cannabis.
In-Vehicle Lockbox
A compartmented metal box will be secured to the frame of the delivery vehicle. The lockbox is designed to limit the driver's access to cash and secure products en route with the goal of driver safety and theft deterrence in mind. The In-Vehicle Lockbox shall contain a locked storage compartment for orders to be delivered with driver access, a locked compartment for collected payments with restricted access to Managers only, and a drop slot to the collected payment compartment designed for the deposit of payments and payment documents without providing retrieval access to the driver.
Delivery Area and Operating Hours
Root One’s delivery area shall include Guadalupe and a 50-mile radius from the retail store. The company may exclude delivery to areas it deems unsafe based upon gained experience. The company shall advise the City of Guadalupe, the Guadalupe Police Department, and other applicable law enforcement if it feels a delivery area has become unsafe.
Root One shall schedule its initial daily delivery routes to begin at 10 am with the final order delivered before 7 pm. Orders will be accepted during non-delivery hours for delivery during scheduled delivery operating hours (i.e. an overnight online order may be submitted, and it shall be scheduled for delivery on the 10 am route.) Digitally Tracking the Delivery Request Receipt
The State of California requires a Delivery Request Receipt to be prepared for each delivery of cannabis goods. This will be done in the POS System provided by TREEZ and will capture and record all fields of data, timestamp the appropriate sections, collect the signature from the customer digitally, and automatically email the customer their receipt with all required information. Each receipt will include the employee number and customer number. This system shall also simultaneously generate delivery vehicle manifests.
Delivery Order Placement (Including New Customers)
A customer may place an order for delivery by telephone or digitally using the company's mobile app, website, or through a third-party provider. Digital orders shall be accepted only upon completion of customer registration and identification requirements prior to their initial delivery. Delivery orders may only be accepted for a physical address.
Telephone orders shall be accepted, entered, before, and confirmed through an inhouse Customer Service Associate. The Customer Service Associate shall enter the order into the company's POS System manually, confirm customer identification, and establish a delivery ETA (estimated time of arrival) to complete the telephone order.
Delivery orders placed digitally through Root One mobile app or website are accepted directly into the company's POS system providing an alert to Inventory Personnel for confirmation and review and then the order is queued for routing.
Delivery orders placed through third-party digital platforms shall be manually transcribed from the third-party platform into the company POS. Third-party orders require the same company verification and registration as direct orders prior to acceptance.
Prior to placing a delivery order, customers requesting delivery service for the first time must provide the company with a government-issued photo ID (scanned and kept on file digitally); Full name; Physical address; Contact phone number; E-mail (optional); CA Cannabis Medical card - if applicable (scanned and kept on file digitally, subject to HIPPA regulations). Once Root One obtains this information the customer shall be issued a Customer ID number and the order can then be executed.
Order Fulfillment
Upon completion of order entry to the POS System (manual or integrated), the order shall be designated as a delivery order. Prior to accepting payment, the POS System is set to alert Budtender of potential purchases that exceed the daily personal limits of
28.5 grams of flowers, 8 grams of concentrate for adult use or 8 ounces of flower for medical.
Once the order is placed, payment method is confirmed and the customer is notified via voice or text and a delivery ETA is provided.
A "Pick Ticket” is generated and order fulfillment is initiated. The order is filled from available inventory within delivery stock first and the greater store if needed. All product expiration dates are checked on items being “picked.” The order is placed in a resealable child-resistant opaque exit package and a flyer is inserted into the exit package that spells out key regulations and risks. The order is then transmitted to routing utilizing a routing software solution. Once the fulfillment process is complete, “Filled” orders are placed in a delivery staging area with the corresponding “Pick Ticket” which shall contain the customer name & number; the delivery address and contact phone number; order number; item listing, and pricing; total payment due; payment method; and any relevant order notes.
Dispatch and Routing
Orders are batched and routed by designated delivery staff and a POS System generated manifest is created for each delivery.
Driver loads shall be configured not to exceed $5,000.00 in retail value and routes are scheduled not to exceed three hours in total trip time. The value of cannabis goods shall be determined using the current retail price of all cannabis goods carried by, or within the delivery vehicle of, Root One’s delivery employee. Adhering to the two-person authentication rule, both the driver and Manager On Duty shall confirm the accuracy of all orders and routes prior to the delivery leaving the store to execute that route. Driver shall receive a copy of the delivery inventory ledger. The Driver then loads routed orders into the delivery vehicle lockbox. Delivery vehicles shall only be loaded and unloaded in the secured Receiving Area while the gate is closed. Driver shall log his/her mobile device into routing software and accept the assigned route. Once the Driver is ready, the Manager On Duty shall open the gate to the Receiving Area and the Driver departs on the delivery route. Once the vehicle has exited the Receiving Area, the Manager On Duty shall close the gate.
Delivery Execution
Upon the arrival of the driver at a routed delivery stop the driver shall park safely, checking surroundings prior to exiting the vehicle; remove the single order that corresponds with the stop from the vehicle lockbox; verify the correctness and relock the lockbox; open the correct order in the mobile POS device; and exit and lock the vehicle. The Driver shall then proceed to the customer's door with both the order and POS mobile device. The Driver shall then meet and greet the customer, verify ID, verify the correctness of the order with the customer and collect payment and complete the order in the POS system. Before finalizing the delivery the Driver shall collect customer signatures on payment, order and the POS System manifest document and provide a receipt to the customer.
The driver shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency. If, when arriving at the location, the driver discovers the address is on publicly owned land or is on land or in a building leased by a public agency, the driver will cancel the delivery order and notify Management.
Upon return to the vehicle, the driver shall drop payment and payment documents into the payment slot on the lockbox. The driver shall indicate completion of the delivery in routing software, notify Root One of the completion of delivery, and update delivery inventory ledger and delivery stop log. The Driver then proceeds to the next routed delivery stop indicated by the software.
Route Completion
Upon completion of all routed stops, the Driver shall return directly to Root One. Upon arrival, the Driver shall notify security. Security shall alert the Manager On Duty. The Manager On Duty shall verify that all is well via security camera before remotely opening the gate. The Driver shall pull into the secure Receiving Area. Once the vehicle is safely inside, the Manager On Duty shall remotely close the gate. The Manager On Duty shall pull all payments and payment documents (including METRC manifest) from the vehicle lockbox for secured storage until the end of the driver's delivery shift. The Manager On Duty shall retrieve the delivery inventory ledger and delivery stop log. The Manager On Duty shall retrieve all undelivered cannabis goods, and all necessary inventory track and trace records (updated and entered that day). The driver awaits the next staged route and assignment then repeats the delivery process.
End of Shift
After a driver's shift, she/he is required to reconcile all their deliveries, routes and payments for that shift. This is accomplished by comparing the manual documents, cash and card payments to those expected by the POS System and the routing software. This includes completing an "end of shift" report recording any discrepancies and reviewed by the Manager On Duty.
The driver also shall perform a physical safety inspection of his/her assigned delivery vehicle.
Sales data and Track and Trace Delivery transactions shall be reported to METRC track and trace software in real time using the company's POS System (TREEZ). This will ensure that delivery records are both in compliance and provide a transparent audit trail should the State or law enforcement require it.
Delivery Software
The company shall employ a routing software solution and POS solution to assist delivery operations to ensure efficient routing of deliveries with customer notifications in real time; GPS tracking of driver activity in real time (including duration of stops); documentation of delivery transactions and performance metrics; and ensuring orders do not exceed Adult Use Sales Limits of 28.5g of non-concentrated cannabis, 8 grams of concentrated cannabis (Medical patients may exceed this with a State issued MMIC).
Payments
Customers shall be asked in advance for the form of payment they intend to use for their order. Cash payments shall be approved in advance to provide the driver with the minimum level of change bank required to execute the route. At no time shall the driver's change bank exceed the standard of $150.00.
Documents
At all times, Drivers shall carry a copy of vehicle insurance; business liability insurance; valid personal driver's license (CDL); current vehicle registration; METRC manifests for the current route; State and local business permits; emergency contact list; a current and completed vehicle safety checklist.
GPS Tracking
Root One shall utilize three concurrent methods of GPS tracking to support customer service, safety, or and security throughout delivery operations.
The Vehicle – A non-removable GPS device shall be affixed to each delivery vehicle.
This may be accessed via a web address by authorized personnel only.
The mobile POS device – This device is GPS enabled and trackable by both the device and the routing software application running on the device. This will also serve as a dedicated cell phone line for communication between driver and the retail location.
The Lockbox – A GPS locator is affixed to the secured payment department of the lockbox.
These redundant tracking systems ensure visibility and tracking in the case of a hardware failure or should one element become separated from the others.
Delivery Vehicles
Root One plans to purchase and place into service three delivery vehicles initially. This delivery fleet has capacity to serve 150% of initial delivery projections.
The company shall purchase and/or lease the delivery vehicles locally. It is the company's intent to utilize fuel efficient hybrid vehicles versus 100% electric vehicles to ensure the fewest failure points, thereby maximizing safety and security.
No delivery vehicle or delivery person shall contain markings, colors or use sound, music or any indication that may in any way be associated with cannabis or any cannabis permitted use.
No passengers or unauthorized personnel may accompany the delivery driver during the execution of her/his delivery route at any time. Authorized personnel may include Management Personnel, Root One Trainer, Law Enforcement Personnel, or Regulatory Personnel.
Vehicle Maintenance & Safety
All company vehicles shall adhere to manufacturers recommended maintenance. Oil changes and tires shall be performed by local providers. All other maintenance and repairs are to be performed by a local dealer.
Prior to the driver's first route each day a safety check shall be performed and a vehicle safety checklist completed and signed. Should any unsafe condition be discovered the Manager On Duty shall be immediately notified and the vehicle pulled from service until the condition is cured.
Vehicle inspection checklists must remain on file and available for review for a rolling 8- month period.
Driver Qualifications
All Drivers making deliveries for Root One shall be a company employee that is at least 21 years old or older. Root One shall keep on file the Driver’s name; physical address; contact phone number; scan of government-issued driver’s license; CA Medical Card (if applicable); current personal insurance; evidence of a clean driving record free of DUI, Exhibition or Points pulled at least quarterly; and relevant customer contact data.
Compliance
Conforming to Local and State Laws
**Quote GMC Sections 9.22.40 and Title f
At the heart of Root One’s mission is respect for law and regulations. Regulatory compliance is an essential element of all aspects of Root One’s operations. Throughout this section and our entire application, you will find Specific examples of how Root One’s Operations are compliant. All employees will be expected to comply with all laws and regulations, including state and local cannabis laws and regulations. Any violation of this policy will result in immediate dismissal.
At all time Root One’s operations will conform to all local and state laws including:
• Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) • BCC regulations
• California Department of Public Health regulations
• GMC Sections 9.22.40
• Title 18
• 2020 California Building Code
• California Fire Code (CFC)
Simplifya Software
Root One will review all aspects of the business and the Standard Operating Procedures to make sure they are Compliant. To assist with this review, and to track compliance across the organization, Root One will utilize the compliance software, Simplifya. This software
holds records of all Standard Operating Procedures with regulatory citations down to the city level,
assists with compliance audits that are conducted monthly, and documents and tracks all licenses, permits, and other regulatory paperwork.
Full compliance audits using Simplifya are conducted at minimum every 30 days.
Any issues identified in the audits get flagged to the appropriate personnel and mitigation measures are immediately implemented.
H. Tracking and Monitoring Cannabis and Cannabis Products TREEZ Software.
By connecting the inventory system to the point-of-sale system, Root One will ensure the accurate auditing and tracking of the product being dispensed and that the product is being dispensed at the accurate amount and correct price. This will prevent diversion of product, prevent employees from "discounting" product, or any other method of diversion or theft that could be exploited if inventory was not matched to the point-ofsale system.
Additionally, because the point-of-sale is fully captured on surveillance, if there is any question of discrepancy or diversion, the Applicant can readily review the footage to determine the cause.
The CloudTREEZ service compiles all necessary reporting data to the California state METRC system through their API gateway, and sends all pertinent information in an automatic reporting to the state.
SellTREEZ Inventory Management empowers retailers to quickly and accurately manage all aspects of inventory while mitigating compliance risks and monitoring the overall health of inventory performance. Automate Metrc reporting, reduce loss and discrepancies, stay compliant, increase profit margins, and streamline stock counts. -SellTREEZ Inventory Management
Track-and-Trace Reconciliation Procedures
In addition to other inventory procedures, Root One will reconcile the physical inventory of cannabis products at the licensed premises with the records in the track-and-trace database at least once every 30 days. If a discrepancy is discovered between our inventory data and the physical amount of inventory in our store, TREEZ and our internal inventory records will be examined to establish the reason for the discrepancy.
If the discrepancy cannot be identified through the review of our inventory records, security will be contacted to review the video surveillance footage to identify the discrepancy. If the inventory is determined to be stolen, the BCC and law enforcement will be informed within 24 hours as pursuant to 16 CCR § 5036. If the inventory is not determined to be stolen but is still deemed “significant” because the discrepancy is at least 3 percent of average monthly sales, the BCC and local law enforcement will be notified in accordance with 16 CCR § 5034(b).
Loss of Track & Trace Access
In the event Root One loses connection to METRC, including a lost connection from the POS System, the Manager On Duty shall document the date and time of the loss and determine the reason for the loss of access. Root One shall not receive any product until access to METRC is restored. All transactions shall be documented with a hard copy of all transactions occurring during the outage. The hard copies shall not be destroyed and shall be filed in the Inventory Control Office. Cottonwood Roots shall immediately notify the Department of Cannabis Control using form BCC-LIC-027 (Notification and Request Form). The Manager On Duty shall work to restore access to METRC based upon the determination of the root cause. State regulations allow for a maximum outage of three days. If access has not been restored within three days, Root One shall notify the Department of Cannabis Control.
Immediately upon restoration of access to METRC Root One shall notify the Department of Cannabis Control. The Manager On Duty shall document the cause for loss of connectivity and the time of restoration, confirm with the POS System Technical Support and METRC that all transaction data held in the POS system during the time of the outage has been transferred to METRC. If for any reason the “outage data” cannot be sent via the POS System, then all transaction records for the outage period must be manually keyed into METRC. Root One shall confirm receipt with METRC and the Department of Cannabis Control, keep transaction printouts for our records, and work with the POS System Technical Support (TREEZ) to restore normal electronic data transfer capabilities. All hard copy records produced must be entered into METRC within 24 hours of restoration of access. Root One shall perform testing to ensure all systems are functioning properly. Once all systems are functioning properly Root One may restore receipt of inventory.
ADDITIONAL OPERATIONAL STANDARDS
Mandatory Notifications
State and Local regulations require the licensee to notify the Department and City of Guadalupe for a wide variety of reasons, from the mundane (temporary loss of internet connectivity) to natural disasters. In all cases, Premise Modification requires City and State pre-approval.
This section has been compiled to assist the Root One Compliance Team in continuing compliance monitoring. The Compliance Team will remain familiar with these, and immediately notify the Department, Guadalupe Police and the City of Guadalupe when appropriate.
In general, State notifications involve form BCC-LIC-027 (Notification and Request Form).
Critical Official Notifications
Mandatory notification to the Department of Cannabis Control, pursuant to each instance’s unique reporting requirements shall occur for any change to any item listed on the State application (except changes to standard operating procedures); at such time as Root One employs 20 or more non-managerial employees; any ownership changes outside certain conditions; any change in persons with financial interest(s); in advance of any change of premises; and the event that the corporation has a successor in interest (due to death, incapacity, insolvency, or other reasons), the Department shall be notified within 10 business days.
Mandatory notification to the Department of Cannabis Control shall occur within 48 hours for a criminal conviction of any owner; a civil penalty or judgment rendered against the licensee or any owner; revocation of a local license permit or other authorization; and an administrative order or civil judgement for violations of labor standards.
Mandatory notification of the Department of Cannabis Control, Guadalupe Police Department, and the City of Guadalupe shall occur within 24 hours when there is the discovery of a significant discrepancy in inventory, diversion, theft, loss, or any other criminal activity either pertaining to the operations of the licensee, or by an agent or employee; loss or unauthorized alteration of records related to cannabis goods, customers, or the licensee's employees or agents, or any other breach of security; or any other reason to suspect any other breach of security.
In the event of a disaster that prevents Root One from complying with any licensing requirements, Root One shall immediately notify the Department of Cannabis Control to request relief. If Root One needs to move cannabis goods in an emergency fashion, the licensee shall first contact local law enforcement before moving goods, and then immediately contact the Department of Cannabis Control after moving the goods.
If a licensee is unable to resolve a compliance notification within three business days of receiving the notification, the licensee shall notify the Department immediately.
Mandatory notification of the Department of Cannabis Control, Guadalupe Police Department Department and the City of Guadalupe shall occur when a discrepancy of more than $1,000 in inventory over a period of 24 hours or $3,000 over a period of 7 days; a reason to suspect diversion, loss, theft or any other criminal activity pertaining to the operation of the commercial cannabis business; the loss or alteration of records related to cannabis goods, registered medical cannabis patients, caregivers or dispensary employees or agents; or any other reason to suspect any other breach of security.
Pre-Approval Notifications
Any material or substantial changes to the premise require writing pre-approval from the Department of Cannabis Control. Material or substantial changes, alterations, or modifications requiring approval include, but are not limited to, the removal, creation, or relocation of a common entryway, doorway, passage, or a means of public entry or exit, when such common entryway, doorway, or passage alters or changes limited-access areas within the licensed premises. Any change to the business location, organizational structure, or ownership structures requires the pre-approval of the City of Guadalupe.
No physical modification of the permitted premises is allowed without written prior permission by the City of Guadalupe and payment of any additional fees.
Prohibited Activities
In accordance with State and local Regulations, Root One shall not engage in any of the following activities:
• No check cashing activities at any time.
• On-site consumption of cannabis or cannabis products is always specifically prohibited on the premises.
• No recommendations from a doctor for medical cannabis shall be issued on-site. • There shall be no on-site sales or gifting of alcohol or tobacco products, and no onsite consumption of food, alcohol or tobacco by patrons. • There shall be no storage of alcoholic beverages on a licensed premise. • The use of vending machines (i.e. a machine that dispenses articles when a coin, bill, or token is inserted) to dispense cannabis is strictly prohibited. • The sale and delivery of cannabis goods shall not occur through a pass-out window or a slide-out tray to the exterior of the licensed premises. • No packaging or labeling of cannabis goods.
• Delivery employees shall not consume cannabis goods while delivering cannabis goods to customers.
• No dispersant of cannabis via diffuser or any other vaporizer device. • No free samples of any cannabis or cannabis products may be distributed at any time.
• No commercial cannabis activities shall be conducted on behalf of, at the request of, or pursuant to a contract with any person (natural or corporate) not duly licensed. No presenting, possessing, or selling cannabis goods that are labeled as beer, wine, liquor, spirits, or any other term that may create a misleading impression that the product is an alcoholic beverage. At no time shall the store operate without a valid County business license or without timely paying in full all fees and charges required associated with the cannabis permitted use.
• There shall not be on the premises any cannabis, cannabis products, or cannabis accessories that show evidence of the cannabis or cannabis product having been consumed or partially consumed.
• The purchase of cannabis or retail cannabis products by a person under twenty-one years of age shall not be allowed unless such person is a qualified patient and is accompanied by a person who is over the age of eighteen and his or her primary caregiver, licensed attending physician, parent(s) or documented legal guardian. • No sales of cannabis or retail cannabis products to a person who does not present a government issued identification at the time of purchase. • No cannabis or cannabis products shall be visible from the exterior of any cannabis permitted use, or on any of the vehicles owned or used as part of a cannabis permitted use.
• It is not permitted to sell more than twenty-eight and one-half grams of nonconcentrated cannabis, or eight grams of concentrated cannabis during a single transaction, or during a single twenty-four-hour period unless the customer is a qualified medical patient possessing a valid State issued MMID. Distribute or allow the distribution of any coupon or similar writing, electronically or on paper, which purports to allow the bearer to exchange the same for any cannabis or cannabis product either free or at a discount.
• Deliveries shall be made with strict adherence to the rules and regulations laid out in the Delivery Section of this operating manual and at no point shall any delivery vehicle operate as a “mobile dispensary”.
• There shall be no cultivation, manufacturing or testing of cannabis or cannabis products on site.
Record Retention
Root One intends to also use TREEZ as its storage software system. Root One shall retain and secure financial, personnel, inventory and operating records indicated in this section for 8 years, exceeding State and Local requirements and if necessary, made available to the City and BCC, upon request. These shall be kept in both digital format and hardcopy (when available). The records listed shall be held on site (in a manner that is protected from debris, moisture, contamination, hazardous waste, fire (3 hours), and theft. Records shall be always accessible for immediate review and audit by authorized personnel. Root One shall also maintain segregated records of sales, taxation and customer data regarding medical patient transactions and adult use transactions. All records shall be legible.
Financial
The financial documents Root One shall retain and secure are: bank statements; sales records and invoices; receipts; tax filings and notices; State and Federal payroll tax; State Sales and Use Tax; State and County Cannabis Tax; Property Tax; all other tax records; BOE and CDTFA records; Profit & Loss Balance Sheet; and all governmental fee payments.
Company Articles
The company articles Root One shall retain and secure are: By-laws and Operating Agreements; Board Minutes; Notices, Amendments, Contracts; All Permits, Licenses; and the printed full name, DOB, present address, and present telephone number for:
the individual named on the license, all owners, and all persons with any financial interest in the licensee.
Personnel
The personnel documents Root One shall retain and secure are: Employee's full name, address, phone #, SS# or ITP#; Payroll Records; Confidential Employee files; I-9; W-4; annual background checks, “live Scan" and quarterly DMV checks; performance and discipline; handbook acknowledgment; training and certifications; headcount reporting; Track and Trace “METRC” certification; company ID, system authorization levels/profile; hire date and termination date, and a current list of all delivery drivers.
Operating
The operating documents Root One shall retain and secure are: supplier contracts and State Licensing information; Security Contracts; Software Contracts; miscellaneous cannabis contracts; State and local cannabis permits and licenses; Federal, State, and local general business licenses (i.e. EIN #, sellers permit); management and operating checklists; delivery safety checklists; receiving appointment logs; receiving manifests; vehicle maintenance records; daily cash reconciliation; all manual transaction records with METRC; all records and logs for the disposition of Cannabis waste products (returns, defective, expire other); all electronic/digital transaction records to METRC; Delivery Request Receipts and proof of insurance and all insurance records.
Inventory
The inventory documents Root One shall retain and secure are; count sheets; reconciliation worksheets; Daily Cycle count records; weekly Physical Inventory records; all inventory adjustments; cannabis waste transport and disposal records; and cannabis waste destruction records.
Security
The security information Root One shall retain and secure are: surveillance video for all cameras for a rolling six-month window; all alarm keypad transactions; all alarm notifications and responses; Employee Badge/ID rosters and swipe activity; security personnel background checks; Security Company Licensing and contract; security personnel schedules and attendance records; daily security system test log; limited access area logs; and any nuisance response records.
Vehicles
The vehicle information Root One shall retain and secure are: make; model; color; Vehicle Identification Number; license plate number; Department of Motor Vehicles registration information; and GPS location records, for a minimum of 90 days.
Medical Cannabis Specific
Root One welcomes Medical Cannabis patients. All Medical Cannabis patient information shall be retained in adherence with HIPAA regulations. Medical Cannabis patients with a valid Medical Marijuana Identification Card (MMIC) are exempt from State sales tax and are allowed to exceed the purchasing limits of recreational customers. Each sales record must include: first name and employee # of retailer employee who processed the sale; first name of the customer and their retailerassigned customer number; date and time of transaction; listing of all cannabis items purchased (qty, each price, taxes and total purchase); full name, address and telephone number(s) of all patient members and a copy of State issued card for all patient members. Renewal records are refreshed on the one year anniversary of each patient member.
Miscellaneous
The miscellaneous documents Root One shall retain and secure are: facility checklists; facility repairs and maintenance records; Landlord Acknowledgement Letter; all other documents prepared or executed by an owner or their employees or assignees in connection with the licensed commercial cannabis business; and advertising data.
ADA Compliance
Root One shall provide ADA entry to the retail store. Disabled customers may utilize the handicapped accessible door located on Guadalupe Street. The customer shall enter the foyer and check in at the ADA compliant window. The Customer Service Representative shall then grant access. If the customer wishes to have a greater level of assistance, they shall call ahead and provide an ETA. Root One shall then assign the next available Budtender to meet the customer at the Guadalupe Street door. The Budtender shall meet the customer at the foyer entry door with a mobile tablet to check the customer in. Once checked in, the Budtender shall provide access to the sales floor and assist the customer to make a purchase.
There shall be a POS station available that can accommodate disabled customers consistent with all ADA regulations.
An ADA compliant bathroom shall be available for customers and employees.
Employees
Employment
Staffing
Root One anticipates having:
1 General Manager who will oversee the entire operation of the store. 1 Financial Controller in charge of finances.
3 Assistant Managers who report to the GM.
The 2 Assistant Managers who oversee the retail floor operations manage:
3 Lead Budtenders.
staff of approximately 8-12 Budtenders.
The 1 Assistant Compliance Manager who oversees the Inventory Department manages:
1 Lead Inventory Associates.
2 Inventory associates.
We will have 2-4 delivery/shuttle bus drivers.
2 Reception Admin/ Front desk.
Lenny Lizalde, long time Guadalupe resident, will be our dedicated Community Liaison This consists of approximately 20-29 employees total with a maximum of 35.
Root One will also be contracting with a security guard service and a minimum of 1 security guard, licensed by the Bureau of Security and Investigative Services, will be on the premises during all operating hours, pursuant to CCR 16-42-1 §5045. See the organizational chart for more detail about the Root One staffing structure. Root One shall work with City Administrator or the City’s Administrator’s designee(s) to achieve and authorize non-store hours security plan to include a verified response security patrol when closed.
Employee Badges
Each employee shall be issued an employee badge with their photo and a unique identifier which includes their employee number, name of the business, job title and other information. The badge shall serve as both identification and an access key. This badge must always be worn and clearly visible while the employee is on the premises.
The employee shall not be allowed entry to the restricted access areas of the store or be allowed to work without their badge. If lost or stolen the employee must immediately report the loss to the manager on duty. Failure to do so will result in termination.
Employee identification badges and electronic keys will be deactivated upon an employee’s termination or resignation from the business.
Employee Safety & Hygiene
Employee safety is of utmost importance to Root One. In addition to conforming to all Cal OSHA workplace safety standards, specifically, Title 8 of the California Code of Regulations, Root One hereby provides the following standards and procedures for employee equipment usage and hygiene. Root One shall establish and institute written procedures to ensure the: Requirements for Personnel detailed in §40232 and “Sanitary Operations” of §40238 of the Regulations are met. In addition, Root One pledges to follow current COVID protocols outlined by the CDC, State of California and the City of Guadalupe.
Attire, Entertainment & Conduct
The State of California has strict regulations regarding how employees and entertainers dress and conduct themselves at licensed cannabis facilities. A general minimum dress code of “business casual” shall be enforced. Further, all areas of the breast and pelvis shall be fully and conservatively covered; encouragement or permitting of any person to touch the private parts of another person is prohibited; devices which stimulate private parts are prohibited; acts, simulations, or depictions of lewd and otherwise sexualized behavior are prohibited. Any person exposing any portion of their private parts must leave the premises. Depending on the circumstances, law enforcement may be notified.
Security
Summary:
Root One is a proposed cannabis business seeking state and local issued licenses for retail cannabis dispensary in Guadalupe, California. Accordingly, the elements of this security plan address the state-wide regulations of the Bureau of Cannabis Control.
Additionally, this location falls under the jurisdiction of the City of Guadalupe. Therefore, all regulations pertinent to the receipt of a City of Guadalupe Commercial Cannabis Operation Permit apply. In the case of the City of Guadalupe, the requirements state that the plan must meet Guadalupe Police Department approval. Accordingly this plan defaults to State Regulations, with additional measures being created per the Selective Security team’s operational experience as a security provider in the legal, regulated cannabis industry.
This security plan has been created by Selective Security Systems Inc. (ACO license number 6163) a California company specializing in security solutions. Selective Security has 44 years of experience serving the central coast. The Selective Security executive team recognized a growing demand throughout the U.S. for an organization capable of providing specialized and flexible security solutions to any market from banking to cannabis. We have multiple cannabis clients in surrounding Santa Barbara County. “Competence, Capability, Community,” are the pillars that Selective Security is founded upon, and they guide every decision we make. These words describe the sum of our collective experiences which guides our vision and the implementation of the services we offer.
Our methodology for building a security plan and operating procedures for any client is to first review all the applicable regulations and ensure that they are sufficiently addressed. We then draw from our security experiences in conducting site exploitations and threat and vulnerability assessments in order to implement the measures necessary to keep our clients – as well as their employees, assets, and communities – safe. The measures implemented, and the regulations addressed are the bulk of our security plans. Each plan is customized to the client’s needs and is written in plain English with each concern addressed in turn. As the President of Selective Security Systems and acting on behalf of the client, I am confident that the security plan detailed below sufficiently addresses the security concerns for Root One, in accordance with the regulations published by the State of California and the City of Guadalupe. If there are any questions or concerns, please don’t hesitate to contact me directly on my cell: (805) 354-4644 or via email at [email protected] Prepared By: Mondo Romero, President at Selective Security Systems Inc.
Concerns Addressed:
1. Access to facility.
A. As a retail operation, public access shall be restricted to the lobby area and the retail floor (to include the all-gender restroom). No member of the general public shall be permitted to access any other part of the facility at any time. Public restrooms are to remain locked with access under the control of management.
B. The single point of pedestrian/customer entry into the facility leads into the entrance vestibule. Upon entering Root Ones Lobby, all customers must present a valid photo identification showing that they are at least 21 years of age, or that they are at least 18 years of age with valid medical patient documentation. Customers who (i) are under the age of 21 and lack valid medical patient documentation, (ii) are under the age of 18; or (iii) who fail to present a valid unexpired form of identification will be politely denied entry into Root One’’s retail floor.
Valid forms of photo identification include the following:
i. A document issued by a federal, state, county, or municipal government, or a political subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, height, gender, and photo of the person;
ii. A valid identification card issued to a member of the Armed Forces that includes the person’s name, date of birth, and photo;
iii. A valid passport issued by the United States or by a foreign government.
C. All locks on doors leading into the limited access areas and into the facility of the licensee shall be commercial-grade, nonresidential door locks, in accordance with the BCC Emergency Regulations, §5046. These commercial-grade, nonresidential locks shall permit electronic access by encoded key fob/card. The locks leading from the lobby area into the retail space shall also be able to be unlocked remotely by the reception personnel. All doors shall remain closed when not in use during regular business hours, per BCC Emergency Regulations §5042. shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage
D. Regular business hours shall be in compliance with Guadalupe city’s code, and the business shall not operate between the hours of 8PM and 9AM.
E. The delivery entryway is located at the rear of the building on the east-side within a secure yard. The Delivery vehicle parking area shall be secure within a 8 ft solid metal and wood fence/sliding gate. The gate shall be remotely opened from the management/ security office and locked mechanically and magnetically. The loading area/dock entry point into building shall be secured with doors that are certified by the LPCB to LPS 1175: Issue 7 Security Rating 4 or higher.
F. The entryway leading into the vault from the limited access Inventory/ compliance office shall be secured at all times and monitored.
G. The entryway leading into the retail area into the back office and from the back office into the Inventory Compliance office shall be secured at all times and monitored.
H. All electronic access shall be logged continuously and an audit report detailing user entry/exit shall be retained and archived on site. .
2. Cameras, video monitoring, archiving.
A. Cameras (25) shall be contracted for and installed by a licensed security camera company. This contract is assigned to Selective Security Systems Inc. (C10# 828051) B. Cameras utilized on this facility shall operate with a minimum camera resolution of 1920 X 1080 pixels.
C. The surveillance-system storage device or the cameras shall be transmission control protocol (TCP) capable of being accessed through the internet.
D. TCP login credentials and associated software shall be provided to the City of Guadalupe Police Department by the designated Security Liaison.
E. The video surveillance system shall at all times be able to effectively and clearly record images of the area under surveillance.
F. Cameras shall record continuously 24 hours per day and at a minimum of 15 frames per second (FPS).
G. The storage device on which surveillance recordings are stored shall be secured in a manner to protect the recording from tampering or theft. All storage devices shall be secured in a fashion that would meet federal standards for secured access – i.e. limited access space, within a server rack that is secured by a commercial lock.
H. The storage device shall retain recordings for 90 days, with the capability of being upgraded further, should the need arise. A minimum of 100TB storage onsite.
I. Surveillance recordings shall be kept in a manner that allows local and state authorities including the City Administrator, the City Administrator's designee(s), and Chief of Police to view and obtain copies of the recordings at the licensed premises immediately upon request. These recordings shall be capable of being formatted and stored on a USB flash drive.
J. Recorded images shall clearly and accurately display the time and date. Time is to be measured in accordance with the United States National Institute Standards and Technology standards.
K. The video surveillance system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the video surveillance system or video surveillance-system storage device.
L. The video surveillance system shall also constitute an Uninterruptible Power Supply capable of continuing power to all cameras and recording devices for 4 hours, in the event of a power-outage.
M. A backup power generator shall be kept on the premises so as to be able to power the video surveillance system and alarm system indefinitely, in the event of an extended power outage.
N. All cameras shall record in color and shall have the capability to automatically switch to black and white in low light conditions.
O. All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism,
P. Cameras shall be placed so as to record the following areas:
i. All entryways and exits leading to/from the limited access areas ii. The entry-ways and exits into the entrance vestibule, both interior and exterior vantage points
iii. The Delivery entry point interior and exterior vantage points. iv. Storage vault.
v. Security system/ NVR cabinet
vi. All areas where goods are weighed, packed, stored, loaded and unloaded, or moved within the premises.
vii. Recording the facility’s windows from an interior vantage point. viii. Gate to delivery parking area interior and exterior
3. Miscellaneous security features and concerns.
A. During operating hours, a minimum of one security personnel will be stationed onsite at all times. Duties shall include
i. Moving between the retail space and areas of public access to ensure safety, as well as monitor customers. The security guard shall observe and report any and all issues through the appropriate channels regarding potential product diversion, theft and loss, onsite consumption, and any other issues relevant to the security of the facility, as well as customers and employees. ii. Shall monitor the site at all times from the exterior entrance/exits iii. Preventing individuals from remaining on the premises of the cannabis business if they are not engaging in an activity directly related to the permitted operations of the cannabis business in cases in which the individual will not voluntarily leave the premises the security personal shall contact the Police Department.
B. Facility will be armed with a reliable, commercial alarm system to be installed and monitored by a licensed alarm/security company. ROOT ONE proposes to use Selective Security Systems Inc., 960 Brier Rose Ln, Nipomo, CA 93444 ACO (Alarm Company Operator) # 6163.
C. Passive Infrared motion detectors will be installed in interior areas and incorporated into the commercial alarm system.
D. Glass-break detectors will be installed for exterior windows.
E. All exterior windows/ skylights shall – at a minimum - be reinforced using 3M ultra series window film (ballistic film) or an equivalent product, so as to disrupt, frustrate, and/or impede any attempts at forcible entry.
F. The alarm system will include all gates, doors, and windows to be protected and alarmed with contacts that are tied into the alarm system. All access control and door locks will be used in conjunction with the video surveillance system to track all movement throughout the premises. Alarm system will emit audible sound ("mosquitos" (high-pitch frequency devices) as a deterrent to vandalism/loitering). and will include an automatic resetting device, causing the system to be re-armed upon automatic shutoff.
H. Panic buttons will be installed at workers stations in the interior of the premises, and one additional panic button will be retained by the leading manager on duty. The panic buttons will be placed in locations in the reception area, retail area, vault, vehicle holding area, and all other limited access areas.
I. All cannabis and cannabis products shall be stored in the vault when not being received, loaded, transported, unloaded, or sold, or any other reasonable activity within the scope of the retail process. All safes and vaults shall be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss.
J. Perimeter fencing and exterior lighting systems (including motion sensors) for afterhours security as approved by the Chief of Police.
K. burglar, fire, and panic alarms shall be operational and monitored by a licensed security company 24 hours a day, seven days a week
L. First aid supplies and operational fire extinguishers shall be located in the Retail area and the manager's office.
M. One manager shall be on Duty at all times
4. Prevention of product diversion, theft, and loss.
A. The following policies shall be in effect at all times in order to prevent product diversion, theft, and loss.
i. All employees shall only be able to enter the facility through an access point which leads from the entrance vestibule, retail floor, and into the limited access area at the beginning of the work day.
ii. Prior to crossing into the limited access areas, employees shall be checked in by security personnel in a holding area, where upon entry they shall surrender any bags, purses, etc., prior to entering the limited access area. Visitors who are invited to enter limited access areas are required to sign a visitor log, wear a visitor badge, and be escorted by a manager. iii. Employees will not be permitted to bring bags, purses, or any personal accessories which can be used to carry cannabis, into the limited access areas.
iv. Employees will take lunch and breaks in either a designated breakroom, parking lot, or off site. No employee shall be permitted to take any type of break inside a limited access area.
v. Employees shall be briefed that – as a condition of their employment – Root One reserves at any time and in accordance with all laws, the right to request to search any personal possessions brought onto the property, to include but not limited to, vehicles, bags, purses, and briefcases. vi. Upon conclusion of their work day, all employees will exit the limited access area into the lobby, past security personnel while being visually inspected to ensure that they are not illegally carrying any product out of the facility. vii. Should security personnel have sufficient grounds to believe that an employee is attempting to take product out of the facility – with approval of Root One management – they will ask the employee to submit to a pat-down, under supervision of management. Should the employee decline the pat down, management shall be notified, and the employee asked to remain on the premises while the situation is investigated, to include a review of security footage. If reasonable cause exists to assume that the employee is in any way attempting to steal or divert cannabis, local law enforcement shall be notified and asked to assist. Should the employee depart against the wishes of management, rather than speak to law enforcement, management shall notify law enforcement and provide all information possible.
5. Employee training
During their on-boarding process, employees shall receive an employee handbook which details policies and expectations for all personnel working at Root One.
Employees shall receive verifiable and documented training on how to properly respond to key incidents, including but not limited to: robbery, burglary, intruders, threats of violence to licensees, agents or employees, assaults, weapons possession, civil, natural or manmade disasters, proper use of panic or burglar alarms, cyber security, proper response when law enforcement or first responders arrive at the facility, and incident reporting. Training Records shall be stored in a secured area where the records are protected from debris, moisture, contamination, hazardous waste, fire, and theft.
Training records, including, but not limited to, the content of the training provided and the names of the employees that received the training shall be retained for at least seven (7) years
after the training has been provided.
6. Police Department Cannabis access
A. The Guadalupe Police Department and Guadalupe Fire Department shall be provided with means to quickly gain access to the facility in the event of an emergency.
B. Root One shall provide the Guadalupe Police Department with a binder which shall include this security plan, TCP-login credentials, facility contact rosters, operating hours, and a graphic showing an example of the employee badges and detailing their levels of access within the facility.
C. Root One shall make every reasonable effort to communicate with the Police Department and facilitate access where possible in order to assuage any concerns that may arise in the future.
D. Root One shall make every reasonable effort to turn over security footage to the Police Department for review, in the event that an incident occurs which the retail operation was not involved with, but which it was able to observe vis-à-vis their security system. The Guadalupe Police department will also have live access to all camera systems via a secured log-in.
F. Root One shall notify the City Administrator or the City Administrator's designee(s) within twenty-four (24) hours after discovering any of the following:
i. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Administrator or the City Administrator's designee(s).
ii. Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business.
iii. The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the cannabis business.
4. Any other breach of security.
7. Employee badging
A. Root One shall use a badging program, compliant with BCC regulations B. Access will be determined during hiring, and an appropriately coded badge/keycard shall be issued accordingly.
C. All badges shall be printed on 30 mm thick, PVC composite plastic cards, measuring 2 1/8” X 3 3/8”.
D. Badges shall contain the following information on the front side: Employees full first and last name, Date of birth, Photo, passport quality and dimensions, with no hats (excluding religious headgear), or non-prescription glasses, Employee Number, A printed watermark of the ROOT ONE Logo
E. Badges shall contain the following information on the back side: All licenses associated with the location (business and DCC) the permitted access as indicated by the badge color, ROOT ONE contact information for lost badge/if found. White Badges Shall contain on their front side a prominent, “V,” in the center with the printed water mark of the ROOT ONE logo, and text indicating that visitors may only access areas while escorted
8. Measures regarding employees not wearing identification cards.
All employees shall operate on a, “three-strike,” policy with regard to failing to wear their badges. The first offense shall constitute a verbal warning from their immediate supervisor, which shall be annotated in the employee’s personnel file. Second offense shall result in a written counseling by the HR manager, or General Manager, which the employee shall sign, and which shall be retained in their personnel file. Third offense will result in termination if occurring within 90 days of second offense. If longer than 90 days, employee shall receive another written counseling. Upon receipt of a third written counseling, an employee shall be terminated, regardless of the time span between infractions, unless management sees fit to engage in an alternative corrective measure.
This shall be determined solely by Root One, and will constitute a review of the employee’s conduct at large, the frequency of infractions, and the quality of work provided by the employee.
9. Delivery Security
A. The process of delivery begins when the Root One employee leaves the retailer’s licensed premises with the cannabis products for delivery. The process of delivering ends when the delivery employee returns to the retailer’s licensed premises after delivering the cannabis products to the customer(s).
B. During the process of delivery, the retailer’s delivery employee may not engage in any activities except for cannabis products delivery and necessary rest, fuel, or vehicle repair stops.
C. A delivery employee shall, during deliveries, carry a copy of the retailer’s current license, the employee’s government-issued identification, and an identification badge provided by the employer.
D. Prior to providing cannabis products to a delivery customer, a delivery employee shall confirm the identity and age of the delivery customer and place the cannabis products in a resealable child-resistant opaque exit package.
E. Root One shall maintain an accurate list of the retailer’s delivery employees.
F. A retailer’s delivery employee, carrying cannabis products for delivery off-site, shall only travel in an enclosed motor vehicle. Any vehicle used in the delivery of cannabis products shall be operated by a delivery employee of the licensee.
G. Only the licensee or an employee of the retailer licensee for whom delivery is being performed shall be in the delivery vehicle.
H. While carrying cannabis products for delivery, Root One’s delivery employee shall ensure the cannabis products are not visible to the public. Cannabis products shall be locked in a box, container, or cage that is secured on the inside of the vehicle. For purposes of this section, the inside of the vehicle includes the trunk.
I. Root One employees shall not leave cannabis products in an unattended motor vehicle unless the motor vehicle is locked and equipped with an active vehicle alarm system. “Vehicle alarm system” is a device or series of devices installed to discourage theft of the vehicle or its contents and is intended to summon general attention or to summon law enforcement as a result of an indication of an attempted breach of the vehicle.
J. A vehicle used for the delivery of cannabis products shall be outfitted with a dedicated Global Positioning System (GPS) device for identifying the geographic location of the delivery vehicle. A dedicated GPS device will be owned by Root One and used for delivery only. The device shall be either permanently or temporarily affixed to the delivery vehicle and shall remain active and inside of the delivery vehicle at all times during delivery. At all times, Root One shall be able to identify the geographic location of all delivery vehicles that are making deliveries for Root One and shall provide that information to the Bureau of Cannabis Control or the Cannabis Licensing Office upon request.
K. Root One’s employees shall not carry cannabis products in the delivery vehicle in excess of $5,000 at any time. The value of cannabis products shall be determined using the current retail price of all cannabis products carried by, or within the delivery vehicle of, the retailer’s delivery employee.
L. A delivery employee may only carry cannabis products in the delivery vehicle and may only perform deliveries for one licensed retailer at a time.
M. Before leaving the licensed premises, the driver will have a delivery inventory ledger of all cannabis products provided to the driver. For each cannabis good, the delivery inventory ledger shall include the type of good, the brand, the retail value, the track and trace identifier, and the weight, volume or other accurate measure of the cannabis good. After each customer delivery, the delivery inventory ledger must be updated to reflect the current inventory in possession of the retailer’s delivery driver.
N. The retailer’s delivery driver shall maintain a log that includes all stops from the time the driver leaves the licensed premises to the time that the retailer’s delivery driver returns to the licensed premises, and the reason for each stop. The log shall be turned in to the retailer when the retailer’s delivery driver returns to the licensed premises. Root One must maintain the log as a commercial cannabis activity record as required.
O. Prior to arrival at any delivery location, Root One must have received a delivery request from the customer and provided the delivery request receipt to the retailer’s delivery driver electronically or in hard copy. The delivery request receipt provided to the retailer’s delivery driver shall contain all of the information required in section 5420 of the BCC regulations, except for the date and time the delivery was made, and the signature of the customer.
P. Immediately upon request by local law enforcement or BCC, the retailer’s delivery driver shall provide all delivery inventory ledgers from the time the. retailer’s delivery driver left the licensed premises up to the time of the request; all delivery request receipts for cannabis products carried by the driver, in the delivery vehicle, or any deliveries that have already been made to customers; and the log of all stops from the time the retailer’s delivery driver left the licensed premises up to the time of the request.
Q. If a retailer’s delivery driver does not have any delivery requests to be performed for a 30-minute period, the retailer’s delivery driver shall not make any additional deliveries and shall return to the licensed premises. Required meal breaks shall not count toward the 30-minute period. Upon returning to the licensed premises, all undelivered cannabis products shall be returned to inventory and all necessary inventory and track-and-trace records shall be updated as appropriate that same day.
R. Root One’s delivery employees shall not consume cannabis products while delivering cannabis products to customers.
S. Root One delivery vehicles shall be unmarked.
Additional considerations:
A. Contact information for all local law enforcement agencies shall be retained on the premises, and standard operating procedures relating to contacting law-enforcement are in place.
B. Any changes which fundamentally alter the scope of this security plan shall be immediately documented and forwarded to the appropriate authorities in the City of Guadalupe for review and retention.
C. Root One has tentatively contracted Selective Security to source a contract for licensed security personnel compliant with California Business and Professions Code Chapters 11.4 and 11.5 of Division 3.
D. In the unlikely event that the final regulations from the BCC or the city of Guadlupe are amended prior to annual licensure, this security plan shall be thoroughly reviewed and amended by Selective Security Systems to ensure compliance with any changes to state regulations or statutes. The amended security plan shall be forwarded to all parties required.
E. Security installation and management of all Root One equipment has been contracted to Selective Security Systems. Any questions related to the security of the facility, or any issues that must be addressed regarding the same shall be addressed to Mondo Romero – President, Selective Security Systems. Contact information for Mr.
Romero can be found in this security plan’s summary.
Contact Information:
A designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees. Contact information shall be posted in the retail area.
List of Managers (Shall be updated to reflect any changes) :
Regulatory concerns:
Name Position Phone Email
Austen Connella CEO 415-837-3957 [email protected]
Adam Laurent COO 805-714-7757 adam@pliothousemanagment.com BCC - California Code of Regulations, Title 16, Division 42. Bureau of Cannabis Control
1. § 5002. Annual License Application Requirements …
An application must be submitted to the Bureau for each location and each license type. An application for an annual cannabis license includes the following: Security Procedures
(i) The applicant’s procedure for allowing individuals access to the premises. (ii) A description of the applicant’s video surveillance system, including camera placement and procedures for the maintenance of video surveillance equipment.
(iii) How the applicant will ensure that all access points to the premises will be secured, including the use of security personnel.
(iv) A description of the applicant’s security alarm system.
2. Article 5. Security Measures
§ 5042. Limited-Access Areas
(a) Licensees shall ensure that any person on the licensed premises, except for employees and contractors of the licensee, are escorted at all times by the licensee or at least one employee of the licensee when in the limited-access areas of the premises.
(b) Entrances to all limited-access areas shall have a door and a lock meeting the requirements of section 5046 of this division. The door shall remain closed when not in use during regular business hours.
§ 5043. Licensee Employee Badge Requirement
All agents, officers, or other persons acting for or employed by a licensee shall display a laminated or plastic-coated identification badge issued by the licensee at all times while engaging in commercial cannabis activity. The identification badge shall, at a minimum, include the licensee’s “doing business as” name and license number, the employee’s first name, an employee number exclusively assigned to that employee for identification purposes, and a color photograph of the employee that clearly shows the full front of the employee’s face and that is at least 1 inch in width and 1.5 inches in height. § 5044. Video Surveillance System
(a) Each licensed premises shall have a digital video surveillance system with a minimum camera resolution of 1280 × 720 pixels.
(b) The surveillance-system storage device or the cameras shall be transmission control protocol (TCP) capable of being accessed through the internet.
(c) The video surveillance system shall at all times be able to effectively and clearly record images of the area under surveillance.
(d) Each camera shall be permanently mounted and in a fixed location. Each camera shall be placed in a location that allows the camera to clearly record activity occurring within 20 feet of all points of entry and exit on the licensed premises, and allows for the clear and certain identification of any person and activities in all areas required to be filmed under subsection (e). (e) Areas that shall be recorded on the video surveillance system include the following:
(1) Areas where cannabis goods are weighed, packed, stored, loaded, and unloaded for transportation, prepared, or moved within the premises;
(2) Limited-access areas;
(3) Security rooms;
(4) Areas storing a surveillance-system storage device with at least one camera recording the access points to the secured surveillance recording area; and
(5) Entrances and exits to the premises, which shall be recorded from both indoor and outdoor vantage points.
(f) Retailers shall also record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each pointof-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity. (g) Cameras shall record continuously 24 hours per day and at a minimum of 15 frames per second (FPS).
(h) The physical media or storage device on which surveillance recordings are stored shall be secured in a manner to protect the recording from tampering or theft.
(i) Surveillance recordings shall be kept for a minimum of 90 days. (j) Surveillance recordings are subject to inspection by the Bureau, and shall be kept in a manner that allows the Bureau to view and obtain copies of the recordings at the licensed premises immediately upon request. The licensee shall also send or otherwise provide copies of the recordings to the Bureau upon request within the time specified by the Bureau.
(k) Recorded images shall clearly and accurately display the time and date.
Time is to be measured in accordance with the United States National Institute Standards and Technology standards.
(l) The video surveillance system shall be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the video surveillance system or video surveillance-system storage device. § 5045. Security Personnel
(a) A retail licensee or microbusiness licensee who is engaged in retail sale shall hire or contract for security personnel who are at least 21 years of age to provide security services for the licensed retail premises. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and
11.5 of Division 3 of the Business and Professions Code. § 5046. Locks
A licensee shall ensure that the limited-access areas described in section 5042 of this division can be securely locked using commercial-grade, nonresidential door locks. A licensee shall also use commercial-grade, nonresidential door locks on all points of entry and exit to the licensed premises. § 5047. Alarm System
(a) A licensee shall maintain an alarm system as defined in Business and Professions Code section 7590.1(n) at the licensed premises. (b) A licensee shall ensure a licensed alarm company operator or one or more of its registered alarm agents installs, maintains, monitors, and responds to the alarm system.
(c) Upon request, a licensee shall make available to the Bureau all information related to the alarm system, monitoring, and alarm activity.
Guadalupe City Code:
Ordinance No. 2021-494 9.22.36 Security Measures.
A. A Cannabis Business Permittee shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. Except as may otherwise be determined by the City Administrator or the City Administrator's designee(s), these security measures shall include, but shall not be limited to, all of the following:
I. Perimeter fencing and exterior lighting systems (including motion sensors) for after-hours security as approved by the Chief of Police and/or the Planning Director were applicable.
2. Preventing individuals from remaining on the premises of the cannabis business if they are not engaging in an activity directly related to the permitted operations of the cannabis business in cases in which the individual will not voluntarily leave the premises the cannabis employee shall contact the Police Department.
3. Establishing limited access areas accessible only to authorized cannabis business personnel.
4. Except for live growing clone plants which are being sold at a cannabis business where applicable, all cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss.
5. Installing 24-hour security surveillance cameras of at least high-definition (HD) quality to monitor all entrances and exits to and from the premises, all interior spaces within the cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color.
All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The cannabis business shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the City Administrator or the City Administrator's designee(s), and that it is compatible with the City's software and hardware. In addition, if required remote and real-time, live access to the video footage from the cameras shall be provided to the Director of Public Safety or the Director of Public Safety's designee(s) at the expense of the permittee. Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the Director of Public Safety or the Director of Public Safety's designee(s) upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the cannabis business and shall be capable of enlargement via projection or other means. Internet Protocol address information shall be provided to the Police Department by the cannabis business, to facilitate remote monitoring of security cameras by the Department or its designee(s).
Each business shall have network security protocols that are certified by Underwriters Laboratories.
6. Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.
7. Panic buttons shall be installed in all cannabis businesses with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department.
8. Having a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services.
9. Any security measures, such as bars, installed on the windows or the doors of the cannabis business shall be installed only on the interior of the building.
10. Security personnel shall be on-site 24 hours a day or alternative security as authorized by the City Administrator or the City Administrator's designee(s) and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Administrator or the City Administrator's designee(s), with such approval not to be unreasonably withheld.
11. Each cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
12. Entrance areas are to be locked at all times and under the control of a designated responsible party that is either; (a) an employee of the cannabis business; or (b) a licensed security professional.
13. Each cannabis business shall have an accounting software system in place to provide point of sale data as well as audit trails or both product and cash, where applicable.
14. Each cannabis business shall demonstrate to the City Administrator or the City Administrator's designee(s), compliance with the state's track and trace system for cannabis and cannabis products as soon as it is operational.
15. Each cannabis business shall have a professionally installed video surveillance system, access control and intrusion alarm systems designed to protect the inventory, facility, and employees. Each business shall have network security protocols that are certified by Underwriters Laboratories.
16. Exterior vegetation shall be planted, altered, and maintained in a fashion that precludes its use as a hiding place for persons on the premises.
17. Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.
18. Installation of "mosquitos" (high-pitch frequency devices) as a deterrent to vandalism/loitering.
B. Each cannabis business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the City Administrator or the City Administrator's designee(s) regarding any security related measures or and operational issues. The designated security representative/liaison shall, on behalf of the cannabis business, annually maintain a copy of the current security plan on the premises of the business, to present to the City Administrator or the City Administrator's designee(s) upon request that meets the following requirements:
1. Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.
2. Identifies all managers of the cannabis business and their contact phone numbers.
3. Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the manager's office.
4. Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.
5. Identify a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the cannabis business, the parking lot, any adjacent property under the business' control, and ensure that the parking lot is cleared of employees and their vehicles onehalf hour after closing.
C. As part of the application and permitting process each cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency.
D. The cannabis business shall cooperate with the City whenever the City Administrator or the City Administrator's designee(s) makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter.
E. A cannabis business shall notify the City Administrator or the City Administrator's designee(s) within twenty-four (24) hours after discovering any of the following:
1. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Administrator or the City Administrator's designee(s).
2. Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business.
3. The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the cannabis business.
4. Any other breach of security.
F. Compliance with the foregoing requirements shall be verified by the City Administrator or the City Administrator's designee(s) prior to commencing business operations. The City Administrator or the City Administrator's designee(s) may supplement these security requirements once operations begin, subject to review by the City
Litter and Refuse Removal
WASTE MANAGEMENT PLAN
The State of California’s cannabis regulations set forth rules for the proper storage and disposal of cannabis waste products. Root One Waste Disposal SOP mirrors the State regulations to ensure full compliance. It also incorporates County regulations to ensure our policy meets the needs of Guadalupe and Santa Barbara County. The main objective of Root One’s waste management policy is to secure cannabis waste so it is not accessible to children or anyone other than a trained cannabis waste management individual. Root One team members will fully comply with all waste disposal regulations outlined in 16 CCR §5054 and Division 30 of the Public Resource Code.
Root One will fully abide by State regulations relating to the disposal of cannabis goods, including destroying all cannabis goods prior to disposal. Root One in an attempt to keep things local prefers to use Kompogas SLO (or another licensed disposal company such as GAIACA) for collection and disposal of all cannabis waste. When the organic material is recycled it creates carbon-neutral biogas. This can be used to power a generator to produce renewable electricity, which is fed into the local power grid helping decarbonize and reduce greenhouse gas emissions from traditional, fossil fuel-based power production. The by-products from the process are converted into compost and liquid fertilizer, and are used as high-grade soil conditioners by local growers.
Reporting
Prior to the disposal of any cannabis product from within the retail store, the appropriate employees will log the cannabis product on the disposal manifest provided by Kompogas, as well as electronically log the disposal of the product in Treez, our enterprise and compliance software system. Both the physical and electronic log will include the type, the volume, and the batch number of the waste. Only one batch will be disposed of at a time with absolutely no co-mingling.
✽ We will report all cannabis waste activities, up to and including disposal, into METRC the following:
✽ The name of the employee performing the destruction or disposal; ✽ The reason for destruction and/or disposal;
✽ The entity disposing of the cannabis waste; and
✽ A description for the destruction/disposal, including, but not limited to, (i) spoilage or fouling of the cannabis goods or (ii) any event resulting in damage, exposure or compromise of the cannabis goods.
Waste Receptacles
Root one will obtain secured waste receptacles from Kompogas or GAIACA. The receptacles will be placed within Root ones limited access Compliance/Inventory Office.
The secured vault and will have a lock attachment. Only authorized personnel (such as the General Manager or Kompogas personnel) may unlock the waste receptacles once cannabis waste has been deposited. Public access to these areas will be strictly prohibited.
The ONLY waste that may be deposited in the receptacles is cannabis waste, which is defined as waste containing cannabis which has been rendered unusable and unrecognizable. 16 CCR § 5000(g). The waste receptacles will be nonabsorbent, watertight, vector resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight fitting lids.
Cannabis waste will be disposed of in a secured waste receptacle in the Compliance inventory office, which is only accessible to our staff and team members. Cannabis waste will be kept inside the facility only in a secured area inside of a locked receptacle.
The waste receptacle will be located in a position where all inter- action with the receptacle is visible on camera at all times. Each type of cannabis waste will be stored in a separate bin: flower, concentrates, edibles, etc.
On or near each receptacle, Root One will place a sign with thorough examples of what is and is not accept- able to place inside the receptacle. ONLY cannabis waste (adulterated and otherwise) will be placed in- side the receptacle.
Selling of Cannabis Waste
Root One strictly prohibits the sale of any cannabis waste Removal of Cannabis Waste
Utilizing a proper and experienced and Licensed can- nabis waste management company, Root One will schedule predetermined, regular waste pick up days. Cannabis waste will be removed from the property at a minimum weekly and more frequently if necessary. Waste will never be stored for more than seven (7) calendar days. At no time will the cannabis waste contain- ers be filled beyond capacity, preventing complete closure of the lids.
Hazardous Waste Management
Root One does not anticipate the use of hazardous materials in its operations. However, should those requirements change, Root One shall notify the City in advance. In addition, hazardous materials will be stored in a designated storage area in accordance with the California Fire Code and OSHA guidelines. All chemicals will be stored in metal cabinets with appropriate Chemical Hazard Signage displayed on the front of each cabinet and on the exterior of the building visible to first responders. Root One shall maintain copies of related Material Safety Data Sheets away from the storage area.
Root One shall maintain an OSHA approved emergency eye wash station in the event of accidental exposure. During any chemical spraying or other chemical application, employees shall wear protective eye wear and N95 industrial respirators. Employees shall immediately report any spills or accidents to the Manager On Duty. Root One shall maintain a Hazardous Chemical Spill kit and Hazardous Chemical Waste container for disposal of cleaning materials used in the event of a spill and disposal of all chemical containers. Hazardous Chemicals shall not be disposed of in any sink drain or toilet.
There will be no hazardous chemicals that present a significant threat to public safety or health.
Odor Control
ODOR MITIGATION AND CONTROL PLAN
It is Root One’s desire to be a great neighbor, including providing an environment free of cannabis odor both emanating from the operation and within the operation itself. Root One shall only stock and sell pre-pack- aged products purchased from a distributor. To pre- vent odors from escaping the structure and provide an odor free shopping environment, the company has designed the following Odor Control Plan with its HVAC Vendor.
The space will be conditioned using a 3-4-ton HVAC unit. This HVAC system utilizes the following “best in class” air quality components. Activated carbon is an extremely effective absorptive odor control substance. An air scrubber will be placed upstream of the carbon filters as part of the return air to the HVAC unit to control outgoing air stream odor. Operating systems shall be air balanced to ensure design of air flows for supply, fresh air, and exhaust air base values have been met. Once completed, a differential pressure gauge shall be used to ensure that a negative building static of no less than
0.05” of negative building static has been achieved for the inventory vault. Sales floor areas shall remain at neutral pressure for customer comfort.
Relative to cannabis cultivation and cannabis manufacturing operations, cannabis retail operations produce a minimal amount of odor. This is because the cannabis and cannabis products to be retailed arrive at the premises already sealed and packaged.
Root One will maintain proper weather striping on all doors and, if necessary, windows so as to prevent air from freely moving into and out of the premises.
Proposed staff training/ Equipment Maintenance
The Odor Control Plan will be monitored with strict compliance by the Manager on duty.
As the system is not complicated in nature, and generally requires the flick of a few switches, Manager training on the operation of this type of system is minimal.
Nonetheless, during Manager training, the Manager will be shown the following:
✽ Operational switches;
✽ Location of carbon filters and pre-filters;
✽ Location of UPS;
✽ Contact information for HVAC maintenance company.
There shall be a planned, scheduled monitoring on a daily walk-about visit around the exterior of the site, near the exhaust system. Data shall be compiled and compared to established norms using a 5 point OIRS (Odor Intensity Reference Scale), to compare daily readings. If values equal 3 on the 5 point scale, carbon-filtration exhaust system shall be evaluated and repaired, as required. Evaluation shall include, but not be limited to, fan operation, distribution system integrity, and filter media effectiveness.
Root One’s Odor Control Plan will be evaluated after its initial implementation and reevaluated weekly by a manager, officer, or owner. Evaluation will be conduct- ed by walking the perimeter of the building completely while actively paying attention to any odor being produced by the cannabis operations. If any odor generated inside the location of the commercial cannabis operation is detected outside the building, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the commercial cannabis operation, Root One will implement more severe odor control methods such as expanding the number of portable air filters or creating negative pressure inside the building by exhausting air outside with an in-line carbon filter as is commonly used in cultivation odor mitigation methods.
Odor Mitigation
Should suggestions to improve Root One’s Odor Control Plan be made by the City, Root One will immediately implement the suggested changes, update the Odor Control Plan, and provide the new plan to the City within thirty (30) days of the modifications.
The Manager will be trained in proper record keeping practices associated with the operation of the HVAC/ Odor control machinery and waste receptacles. The manager will be responsible to provide the City with any and all odor mitigation records, (including records related to installation, maintenance, complaints or deviations from the implemented plan). Managers will be instructed to make a digital copy of all hard records, and to file the hard copy in a secured access area. Though none are expected, the Manager will also maintain a log of all odor complaints and responses to odor complaints.
Potential Sources of Odor
With the regulations requiring that only tested, final packaging of products be distributed to dispensaries, cannabis odors have been reduced exponentially in comparison to raw materials inside production facilities. It has also become common practice for manufacturers and distributors to utilize nitrogen sealing in their packaging practices, which further prevents odor emissions from the final packaged products.
The potential two sources of odor identified are as follows:
✽ Flower Samples. Normally, customers will be able to view and smell flower samples in secured jars with minimal holes on the top on the showroom floor. However, due to potential ongoing COVID-19 safety measures, guests will not be able to smell flower samples for the protection of both our employees and guests. In the future there may be an opportunity to utilize the jars when, as a result of the holes, a minimal amount of cannabis aroma may be emitted inside the dispensary.
✽ Cannabis Waste Receptacles. All cannabis waste is disposed of in locked and secure cannabis waste receptacles. While the receptacles are, for the most part, air-tight, small amounts of aroma may be emitted through the slot used for disposing of the waste.
Waste receptacles are locked at all times and stored inside the dispensary in limited access areas. For this reason, there should be no detectable odors created exteriorly as a result of the cannabis
waste receptacles.
Air Handling Systems
Our dispensary will not emit any cannabis odor and will include the following:
The proposed HVAC system will provide internal pressurized air conditioning, complete dehumidification, and temperature controls. Additionally, Root One has committed control and extensive air filtration odor to an all-electric approach to Zero Net control.
The system utilizes a dynamic polarized media air-cleaning component installed on the air intake side. This works with an activated carbon matrix system installed in the duct system on the air exhaust side of the HVAC system.
Dynamic air cleaners are used due to their ability to remove harmful spores and bacteria. This type system is best suited for the required odor removal and lessens the overall maintenance of the system. To meet the project’ s required mechanical fresh air ventilation while providing odor control to the building’s exhaust air stream, the project design team is considering high efficiency packaged electric air-source heat pumps and specialized filtration systems.
The preliminary energy modeling includes 3-4-ton Trane Precedent air-source heat pump that with economizers, and the associated duct distribution system is located within the conditioned envelope. The dynamic air clean- er system offers low static pressure resistance com- pared to passive filters, which, in turn, are more energy efficient. The specific type of dynamic system will be a dynamic V8 and ACM system, for highly efficient odor removal. The advantage is primarily due to the ability to eliminate the traditional pellet-based carbon systems and improve upon the resistance to airflow for lower energy consumption. Additionally, the ACM systems do not shed carbon dust, therefore no additional filtration is required downstream to further restrict airflow. Filtered wall exhaust/supply fans may also be used. Most importantly, the ceramic carbon will be used to compliment the main system, and not absorb moisture, to load prematurely in, and to provide full ventilation treatment in humid conditions making it more efficient at conditioning throughout the building.
The specific and detailed mechanical plan will be developed in accordance with the California Mechanical Code by a California licensed mechanical engineer and will include a developed and conforming Energy Analysis (Title 24) attachment.
The facility will employ complimentary passive systems to work in conjunction with the air handling equipment. Specifically, an entry area with redundant type ingress and egress areas will be utilized. This will eliminate infiltration problems and provide a backup barrier to residual air handling and odor prevention.
There will be additional scrubbers in the storage/vault room where potential for odor is the greatest because that is where the concentration of products is. These types of filters use pelletized granule carbon to remove odor, dust and pollutants from the air, and can be used as a standing unit in a space or as an exhaust filter. Just like the carbon in the air filters mentioned previously, these pellets remove dust, odor and other pollutants through the air as it passes through the filter.
Molecular Filtration
Molecular Filtration technology (aka carbon scrubbing) is one of the most environmentally friendly and sustainable ways to efficiently trap and sequester fugitive gases and their associated odors by harnessing the power of activated carbon.
Activated carbon filters are a widely used technology to reduce odors and control emissions from greenhouses and other cannabis applications. The ambient air is circulated through the activated carbon filter and returned to the space (scrubbing) or discharged outside (filtering).
Activated carbon works by a phenomenon called “Adsorption”, which is where the odor compound is trapped in- side the activated carbon and retained, but the material doing the adsorption does not change size. Activated carbon is basically a sponge that captures vapors that cause odors and takes them out of circulation in the green- house air. The level of odor-causing chemicals is lowered and thus the “odor” is reduced.
Ozone Generators
Ozone generators use ultraviolet bulbs or corona dis- charge (an electrical discharge) to produce ozone gas that works on a molecular level to eliminate virtually all odor, molds, mildews and bacteria – we will use these in the waste area and storage room. Ozone can be used safely and easily by utilizing generators that fit directly into your exhaust lines. This is one of the most effective methods for removing odors in the exhaust system.
Any air that is emitted from the facility will be dual-filtered through HEPA and charcoal filters and equipped with an ozone generator to ensure clean, odor-free air.
Cleaning
Strict cleaning and sanitizing procedures are part of the standard operating procedures for all operations in the facility and will reduce odor. Product-contact surfaces will be cleaned before and after operations and between shift changes. Additionally, surfaces will be cleaned after contact with potentially hazardous items. Employees must wash their hands with warm water and antibacterial soap after eating or using the restroom before returning to operational areas. Operational areas will be easy to clean and maintain by using appropriate, durable finishes for each functional space; careful detailing of finishes to avoid hard- to-clean crevices; adequate and appropriately located maintenance spaces; and incorporation of antimicrobial surfaces.
Employees with appropriate security clearance will have an assigned cleaning schedule for the product storage areas to keep the areas clear of germs, bacteria and bugs. To verify the product storage areas are cleaned as scheduled, the General Manager will keep a cleaning log near the entrance of the Vault Room for employees to log the date, time, and persons involved in cleaning. The General Manager will inspect the sales floor and Vault Room regularly to ensure that they remain sterile environments.
Site and Parking Plan
See site and parking plan document for full illustration Floor Plan
See floor plan document and floor plan image close up for full illustration Security Diagram
See security diagram document for full illustration
Elevations
See elevations document for full illustration