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Attachment 2: Resolution No. 2026-42

Visalia City Council
July 20, 2026

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Attachment 2: Resolution No. 2026-42
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July 20, 2026
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Visalia City Council
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Text extracted from the city's file for reading and search. Open the original on visalia.legistar1.com. That file is the official record.

RESOLUTION NO. 2026-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA, PURSUANT TO VISALIA MUNICIPAL CODE SECTION 4.04.130 ADOPTING RULES, POLICIES AND PROCEDURES FOR COMMERCIAL CANNABIS STOREFRONT RETAIL AND COMMERCIAL CANNABIS NON-STOREFRONT RETAIL BUSINESS LICENSE APPLICATIONS.

WHEREAS, Section 4.04.130 of the Visalia Municipal Code calls for the City Council to adopt by resolution rules, policies and procedures consistent with the intent and spirit of Chapter 4.04 concerning the applications, the application process, the information required of applicants, the application procedures, and the administration and procedures to be used and followed in the application process, pertaining to commercial cannabis licensing; and WHEREAS, the purpose of this Resolution is to adopt the rules, policies and procedures required by VMC Section 4.04.130.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Visalia, hereby approves and adopts the “Application Procedures & Guidelines for a Storefront Retail Commercial Cannabis Business License” attached hereto as Exhibit “A” and the “Application Procedures & Guidelines for a Non-storefront Retail Commercial Cannabis Business License” attached hereto as Exhibit “B” as the rules, policies and procedures required by VMC Section 4.04.130.

PASSED AND ADOPTED: July 20, 2026 LESLIE CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2026-42 passed and adopted by the Council of the City of Visalia at a regular meeting held on July 20, 2026.

Dated: July 21, 2026 LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
Resolution No. 2026-42
EXHIBIT “A”
Proof of insurability from an Insurance Company;
Zoning Verification Application;
Application Zoning Verification Letter;
USB Flash Drive;
Application fee.

FLASH DRIVE CONTENT
All applicants must submit a USB flash drive containing one complete copy of the application submittal requirements as outlined in the below format. The application package and application fees must be received by the Planning Division at the same time.

Responses to the Evaluation Criteria (Sections 1-4 found in Appendix A of the Application Procedures & Guidelines) shall be limited to 200 pages. Responses pertaining to Financial Responsibility, Indemnity and Consent to Inspection Terms, Agreement on Limitations of City Liability, and Certifications, Assurances, Warranties, and Indemnification to City, Proof of Capitalization, Zoning Verification Application/Letter (ZVL), and Property Owner Consent/Lease Agreements, Property Owner/Landlord Affidavit, shall not be included in the 200 page limitation. Those responses should be saved in PDF files that are separate from the Evaluation Criteria (see below).

All materials must be submitted on a USB flash drive in a PDF format in the following files. Please submit the files in the correct format and organize correctly. Improper organization of your application may be grounds for rejection.

PDF File #1
Commercial Cannabis Business Application (pages 1-3), Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement (pages F1-F2,) Agreement on Limitations of City Liability, and Certifications, Assurances, Warranties, and Indemnification to City (pages F3-F8), Property Owner Consent/Landlord Affidavit, Proof of Property Ownership or Lease Agreement/Letter of Intent to Lease, Proof of insurability, Zoning Verification Application, Application Zoning Verification Letter (ZVL), and Proof of Application Fee; and with required signatures and notaries for all documents (where applicable).

PDF File #2
Evaluation Criteria (Responses to Sections 1-7 of Appendix A limited to 200 pages).

PDF File #3
Proof of Capitalization (All bank statements, loan documents, promissory notes, financial and commitment letters).

BACKGROUND CHECK
Any person who is an owner, operator, manager and/or employee (collectively “Cannabis Business Person(s)”) must undergo a criminal history background check to demonstrate they do not provide “good cause” for denial per VMC Chapter 4.04. Cannabis Business Person(s) who do not meet the criminal history eligibility requirements of Chapter 4.04 will be disqualified. The background form can be found online at HYPERLINK "https://www.visalia.gov/cannabis"https://www.visalia.gov/cannabis.

The initial background check fee for each Cannabis Business Person(s) shall be $____. This process will be required to meet the minimum threshold qualifications pursuant to VMC Chapter 4.04.

ZONING VERIFICATION LETTER (ZVL)
Prior to submitting a Cannabis Business License Application, an Applicant must obtain a Zoning Verification Letter from the Planning Department. To secure this letter, an Applicant must apply for the Zoning Verification Letter and pay all associated fees therewith. The Zoning Verification Letter must specify the intended use of the building (storefront retail cannabis), and the proposed building location.

APPENDIX A: EVALUATION CRITERIA
All of the following information must be submitted on a USB flash drive in PDF format (Please do not submit any documents in Word format) when the application is initially filed for consideration as part of Phase I. All responsive documentation must be saved in three (3) individual digital files as described in the APPLICATION PROCEDURES & GUIDELINES FOR A COMMERCIAL CANNABIS BUSINESS LICENSE.

BUSINESS PLAN
Owner qualifications. Resumes are not to exceed two (2) pages per owner.

Evidence of any existing, valid CA Department of Cannabis Control licenses held by any member of the applicant team and length of time applicant has held such license.

A budget for construction, operation, and maintenance, compensation of employees, equipment costs, utility cost, and other operation costs.

Applicant must be able to demonstrate proof of capitalization in the form of documentation of cash or other liquid assets on hand, Letters of Credit, or other equivalent assets.

Pro forma for at least three (3) years of operation.

Fully describe hours of operation and opening and closing procedures.

Fully describe the day-to-day operations if you are applying for a STOREFRONT RETAIL license. This should include at a minimum the following criteria.

Describe customer check-in procedures.

Identify location and procedures for receiving deliveries during business hours.

Identify the name of the Point-of-Sale system to be used and the number of Point-of-Sale locations.

Estimate the number of customers to be served per hour/day.

Describe the proposed product line to be sold and estimate the percentage of sales of flower and manufactured products.

If proposed, describe delivery service procedures, number of vehicles and product security during transportation.

Demonstrating CCB conformance to local and state laws. See VMC Chapter 4.04 as they pertain to storefront retail establishments in the City of Visalia.

How cannabis and cannabis products will be tracked and monitored to prevent diversion. Describe the Point-of-Sale system to be used and how it will interact with the state’s mandated track and trace system.

LOCATION AND NEIGHBORHOOD COMPATIBILITY PLAN
In addition to the location-related details provided in the Cannabis Business License Application (pages 1-3), the application shall include a thorough description of the proposed location, including but not limited to the overall property, building, and floor plan.

The application shall include at least one (1) photograph of the front (street side) of the building or street view of the vacant parcel.

Site Diagram for proposed location. In addition to diagrams submitted for other sections of the Cannabis Business License Application, applicants are expected to submit a premise/site diagram that focuses on the overall property, building. This diagram should show the overall parcel and adjoining or neighboring buildings that may be affected by the commercial cannabis business.

A Site Diagram must be accurate, dimensioned and to-scale (minimum scale of ¼”). The diagram shall provide a detailed description of all available/shared parking spaces, driveway locations, and auxiliary buildings on the parcel. (Blueprints and engineering site plans are not required at this point of the application process. Security features are not required for this section.) Describe how the CCB will proactively address and respond to complaints related to noise, light, odor, litter, vehicle, and pedestrian traffic.

Describe how the CCB will be managed to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community.

Describe odor mitigation practices.

Identify potential sources of odor.

Describe odor control devices and techniques employed to ensure that odors from cannabis are not detectable beyond the licensed premises.

Describe all proposed system maintenance.

Describe the waste management plan.

Describe outreach efforts to sensitive uses listed in the VMC, as well as other sensitive uses such as places of worship. Provide any letters of support received from such sensitive uses.

SAFETY AND SECURITY PLAN
The Safety and Security Plan should consider all possible fire, medical and hazardous situations, as well as all access control, inventory control, cash handling procedures. Complete policy/procedures manuals are not required at this point in the application process. Please only provide a description for each criterion which incorporates the following provisions:

The Safety section of the Safety and Security Plan shall be prepared and/or assessed by a professional fire prevention and suppression consultant.

Describe accident and incident reporting procedures.

Describe evacuation routes.

Location of fire extinguishers and other fire suppression equipment.

Describe procedures and training for all fire and medical emergencies.

The Security section of the Safety and Security Plan shall be prepared and/or assessed by a professional security consultant.

Premises Diagram. In addition to diagrams submitted for other sections of the application, applicants are expected to submit a premises diagram (or site plan) which, focuses on the proposed security measures and how they relate to the overall business. (Pursuant to CCR Title 4, Division 19, §15006. Premises Diagram).

The diagram shall be accurate, dimensioned and to scale (minimum scale ¼”). The scale may be smaller if the proposed location exceeds more than a 1/2-acre parcel but must not be printed on larger than an 11” x 17” sheet of paper. (Blueprints and engineering site plans are not required at this point of the application process) The diagram must be drawn to scale and clearly identify property boundaries, entrances, exits, interior partitions, walls, rooms, windows, and doorways. The activity in each room and the location of all cameras must be identified in the diagram.

Description of cannabis activity that will be conducted in each area of the premise. Commercial cannabis activities that must be identified on the diagram/site plan may include but are not limited to the following if applicable to the business operations; storage areas, batch sampling areas, loading/unloading of shipment areas, packaging and labeling, customer sales areas, training areas, employee break room areas, extractions, infusions, processing, and testing areas.

Limited-access areas, defined as areas in which cannabis goods are stored or held and only accessible to licensees, or its employees or contractors and areas used for video surveillance monitoring and storage devices (Pursuant to CCR Title 4 Division 19, §15000 (ll) Limited-Access Area).

Number and location of all video surveillance cameras.

Identify intrusion alarm and monitoring system including the name and contact information for the monitoring company (if the company has been selected).

Briefly describe cash handling procedures.

Discuss how the CCB will utilize the services of on-site security guards. Include in the discussion:

Number of guards.

Hours guards will be on-site.

Locations at which they will be positioned.

Guards’ roles and responsibilities.

COMMUNITY BENEFITS AND INVESTMENTS PLAN
The Cannabis Business License Application should describe all benefits the CCB will provide to the local community. A separate agreement between applicants that receive a Cannabis Business License, and the City will be required to confirm the details of community benefits and investment plan (See VMC Section 4.04.110). Community benefits may be in the form of volunteer services, monetary donations to local non-profit organizations, financial support of City-sponsored activities or organizations, in-kind donations to the City or other charitable organizations and/or any other economic incentives to the City. This may include in kind values with any volunteer hours calculated using Independent Sector’s most current CA Value of Volunteer Time rate: HYPERLINK "https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Findependentsector.org%2Fresearch%2Fvalue-of-volunteer-time%2F&data=05%7C02%7CDevon.Jones%40visalia.gov%7C9c6cc91e27d64c1af14008de8088926e%7Ce489c096dc4c4c25a985bc420f160fa2%7C0%7C0%7C639089521229024108%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C4000%7C%7C%7C&sdata=K8nCoMXim2k694eaStriVtfRAGGIiQTtlP%2FRaQc%2BW7o%3D&reserved=0"https://independentsector.org/research/value-of-volunteer-time/.

An annual minimum cash value of financial support to the City of Visalia for qualifying activities to benefit the community in the amount of $50,000 or 1% of annual gross receipts, whichever amount is greater, is required.

Briefly describe the type of activities the Business will engage in as part of the community (business organizations, community projects, in-kind donations or other endeavors the Business anticipates participating in as a community member).

Describe the extent to which the Commercial Cannabis Business will be a locally managed enterprise whose owners and /or managers reside within or own a commercial business within the City of Visalia, or the Sphere of Influence for the City.

Describe the number of employees, title/position, and their respected responsibilities.

Applicant must disclose if any member of the applicant team has had a cannabis license suspended or revoked in any jurisdictions they operate or have operated in.

Resolution No. 2026-42
EXHIBIT “B”
Proof of insurability from an Insurance Company;
Zoning Verification Application;
Application Zoning Verification Letter;
USB Flash Drive;
Application fee.

FLASH DRIVE CONTENT
All applicants must submit a USB flash drive containing one complete copy of the application submittal requirements as outlined in the below format. The application package and application fees must be received by the Planning Division at the same time.

Responses to the Evaluation Criteria (Sections 1-4 found in Appendix A of the Application Procedures & Guidelines) shall be limited to 200 pages. Responses pertaining to Financial Responsibility, Indemnity and Consent to Inspection Terms, Agreement on Limitations of City Liability, and Certifications, Assurances, Warranties, and Indemnification to City, Proof of Capitalization, Zoning Verification Application/Letter (ZVL), and Property Owner Consent/Lease Agreements, Property Owner/Landlord Affidavit, shall not be included in the 200 page limitation. Those responses should be saved in PDF files that are separate from the Evaluation Criteria (see below).

All materials must be submitted on a USB flash drive in a PDF format in the following files. Please submit the files in the correct format and organize correctly. Improper organization of your application may be grounds for rejection.

PDF File #1
Commercial Cannabis Business Application (pages 1-3), Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement (pages F1-F2,) Agreement on Limitations of City Liability, and Certifications, Assurances, Warranties, and Indemnification to City (pages F3-F8), Property Owner Consent/Landlord Affidavit, Proof of Property Ownership or Lease Agreement/Letter of Intent to Lease, Proof of insurability, Zoning Verification Application, Application Zoning Verification Letter (ZVL), and Proof of Application Fee; and with required signatures and notaries for all documents (where applicable).

PDF File #2
Evaluation Criteria (Responses to Sections 1-7 of Appendix A limited to 200 pages).

PDF File #3
Proof of Capitalization (All bank statements, loan documents, promissory notes, financial and commitment letters).

BACKGROUND CHECK
Any person who is an owner, operator, manager and/or employee (collectively “Cannabis Business Person(s)”) must undergo a criminal history background check to demonstrate they do not provide “good cause” for denial per VMC Chapter 4.04. Cannabis Business Person(s) who do not meet the criminal history eligibility requirements of Chapter 4.04 will be disqualified. The background form can be found online at HYPERLINK "https://www.visalia.gov/cannabis"https://www.visalia.gov/cannabis.

The initial background check fee for each Cannabis Business Person(s) shall be $____. This process will be required to meet the minimum threshold qualifications pursuant to VMC Chapter 4.04.

ZONING VERIFICATION LETTER (ZVL)
Prior to submitting a Cannabis Business License Application, an Applicant must obtain a Zoning Verification Letter from the Planning Department. To secure this letter, an Applicant must apply for the Zoning Verification Letter and pay all associated fees therewith. The Zoning Verification Letter must specify the intended use of the building (non-storefront retail cannabis), and the proposed building location.

Describe how the CCB will proactively address and respond to complaints related to noise, light, odor, litter, vehicle, and pedestrian traffic.

Describe how the CCB will be managed to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community.

Describe odor mitigation practices.

Identify potential sources of odor.

Describe odor control devices and techniques employed to ensure that odors from cannabis are not detectable beyond the licensed premises.

Describe all proposed system maintenance.

Describe the waste management plan.

Describe outreach efforts to sensitive uses listed in the VMC, as well as other sensitive uses such as places of worship. Provide any letters of support received from such sensitive uses.

SAFETY AND SECURITY PLAN
The Safety and Security Plan should consider all possible fire, medical and hazardous situations, as well as all access control, inventory control, cash handling procedures. Complete policy/procedures manuals are not required at this point in the application process. Please only provide a description for each criterion which incorporates the following provisions:

The Safety section of the Safety and Security Plan shall be prepared and/or assessed by a professional fire prevention and suppression consultant.

Describe accident and incident reporting procedures.

Describe evacuation routes.

Location of fire extinguishers and other fire suppression equipment.

Describe procedures and training for all fire and medical emergencies.

The Security section of the Safety and Security Plan shall be prepared and/or assessed by a professional security consultant.

Premises Diagram. In addition to diagrams submitted for other sections of the application, applicants are expected to submit a premises diagram (or site plan) which, focuses on the proposed security measures and how they relate to the overall business. (Pursuant to CCR Title 4, Division 19, §15006. Premises Diagram).

The diagram shall be accurate, dimensioned and to scale (minimum scale ¼”). The scale may be smaller if the proposed location exceeds more than a 1/2-acre parcel but must not be printed on larger than an 11” x 17” sheet of paper. (Blueprints and engineering site plans are not required at this point of the application process) The diagram must be drawn to scale and clearly identify property boundaries, entrances, exits, interior partitions, walls, rooms, windows, and doorways. The activity in each room and the location of all cameras must be identified in the diagram.

Description of cannabis activity that will be conducted in each area of the premise. Commercial cannabis activities that must be identified on the diagram/site plan may include but are not limited to the following if applicable to the business operations; storage areas, batch sampling areas, loading/unloading of shipment areas, packaging and labeling, customer sales areas, training areas, employee break room areas, extractions, infusions, processing, and testing areas.

Limited-access areas, defined as areas in which cannabis goods are stored or held and only accessible to licensees, or its employees or contractors and areas used for video surveillance monitoring and storage devices (Pursuant to CCR Title 4 Division 19, §15000 (ll) Limited-Access Area).

Number and location of all video surveillance cameras.

Identify intrusion alarm and monitoring system including the name and contact information for the monitoring company (if the company has been selected).

Briefly describe cash handling procedures.

Discuss how the CCB will utilize the services of on-site security guards. Include in the discussion:

Number of guards.

Hours guards will be on-site.

Locations at which they will be positioned.

Guards’ roles and responsibilities.

COMMUNITY BENEFITS AND INVESTMENTS PLAN
The Cannabis Business License Application should describe all benefits the CCB will provide to the local community. A separate agreement between applicants that receive a Cannabis Business License, and the City will be required to confirm the details of community benefits and investment plan (See VMC Section 4.04.110). Community benefits may be in the form of volunteer services, monetary donations to local non-profit organizations, financial support of City-sponsored activities or organizations, in-kind donations to the City or other charitable organizations and/or any other economic incentives to the City. This may include in kind values with any volunteer hours calculated using Independent Sector’s most current CA Value of Volunteer Time rate: HYPERLINK "https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Findependentsector.org%2Fresearch%2Fvalue-of-volunteer-time%2F&data=05%7C02%7CDevon.Jones%40visalia.gov%7C9c6cc91e27d64c1af14008de8088926e%7Ce489c096dc4c4c25a985bc420f160fa2%7C0%7C0%7C639089521229024108%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C4000%7C%7C%7C&sdata=K8nCoMXim2k694eaStriVtfRAGGIiQTtlP%2FRaQc%2BW7o%3D&reserved=0"https://independentsector.org/research/value-of-volunteer-time/.

An annual minimum cash value of financial support to the City of Visalia for qualifying activities to benefit the community in the amount of $50,000 or 1% of annual gross receipts, whichever amount is greater, is required.

Briefly describe the type of activities the Business will engage in as part of the community (business organizations, community projects, in-kind donations or other endeavors the Business anticipates participating in as a community member).

Describe the extent to which the Commercial Cannabis Business will be a locally managed enterprise whose owners and /or managers reside within or own a commercial business within the City of Visalia, or the Sphere of Influence for the City.

Describe the number of employees, title/position, and their respected responsibilities.

Applicant must disclose if any member of the applicant team has had a cannabis license suspended or revoked in any jurisdictions they operate or have operated in.

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