Medical Marijuana Activity Zoning Ordinance SUPPLEMENTAL APPLICATION PACKET Cultivation

Transcription

1 Medical Marijuana Activity Zning Ordinance SUPPLEMENTAL APPLICATION PACKET Cultivatin COMMUNITY DEVELOPMENT DEPARTMENT / PLANNING DIVISION 8130 Allisn Avenue, La Mesa, CA Phne: Fax: All items listed n this frm and the Cnditinal Use Permit Applicatin shall be submitted t request authrizatin f a facility as described in the Medical Marijuana Activity Zning Ordinance. The facilities in this Supplemental Applicatin Packet are fr a specific Medical Marijuana facility type (ne f three) nly. All requested items and authrizatins listed n this frm must be cmpleted and submitted r the applicatin will be rejected. Please refer t City f La Mesa Standard Criteria and Additinal Criteria BEFORE cmpleting this applicatin. This request is fr authrizatin f land use nly and if apprved, cnditins f apprval must be cmpleted prir t cnducting business. An applicatin is restricted t ne facility in ne lcatin. The applicant shall demnstrate that the prpsed prject cmplies with the Medical Marijuana Activity Zning rdinance by addressing in the submitted materials fr the Cnditinal Use Permit request all f the Standard Criteria (Attachment 1) and Additinal Standard Criteria (Attachment 2) typically assciated with the specific facility type. Attach additinal pages as needed t prvide the infrmatin requested. The City will first review Sectin A materials fr clearance and the applicant will be ntified in writing f the status f Sectin A. Fees fr Sectin B will nt be accepted until Sectin A has been prcessed and the applicant has been ntified. All applicatins must be submitted in persn. It is the respnsibility f the applicant t ensure that all pages are included in the applicatin package and that the applicatin is cmplete when submitted t the City f La Mesa Planning Department. The applicant will be ntified as t the cmpletin status f the CUP applicatin. The applicatin must be deemed cmplete in rder t schedule a date fr the Planning Cmmissin meeting and public hearing. The infrmatin prvided t cmplete this applicatin may be subject t disclsure pursuant t the Califrnia Public Recrds Act. Fees The supplemental applicatin includes three Sectins (A-C). The fees shall be paid by cashier s check, mney rder r cash. The City prefers the fees t be paid by cashier s check r mney rder. Separate fees fr the fllwing individual prcesses are as nted r referenced in the adpted Fee Schedule. Sectin A. Initial Clearance CUP Initial Applicatin nn-refundable fee: $1,200 Sectin B. General Applicatin Remaining balance f CUP Applicatin nn-refundable fee: $10,178 Initial Plice Backgrund check: $ per emplyee Live Scan fingerprinting prcess: third party r Plice Department $69 Envirnmental Assessment/Initial Study Applicatin: refer t fee schedule Sectin C. Medical Marijuana Maintenance and CUP Inspectin Reprts CUP Inspectins: $1,859 annually Annual Plice Backgrund $33 per emplyee Medical Marijuana Maintenance Reprts: $18,800-24,480 annually E:\Marijuana\Final Frms\Wrkshp Materials\SUPPLEMENTAL APPLICATION fr La Mesa Final cultivatr_ Supp 1_2.dcx Page 1 f 12

2 The applicatin submittal must include Sectin A and Sectin B materials upn submittal. Sectin A. INITIAL CLEARANCE Prperty Owner/Building (Management) Authrizatin with ntarized signatures Prf f pssessin f the premises and apprval f use (deed, lease, lease assignment) Zning Clearance Distance Requirement Cmpliance (Dispensaries and Cultivatin Sites) Fees Sectin B. GENERAL APPLICATION Submit Cpy f City Letter shwing apprval f Sectin A. Initial Clearance Submit remaining Fee Balance due t upn apprval f Sectin A. Initial Clearance Evaluatin will cntinue n the fllwing submitted items upn submittal f the tw items abve. Cmpleted Cnditinal Use Permit Applicatin and Supplemental Applicatin Packet A signed cpy f La Mesa Standard Criteria (Attachment 1) and Additinal Standard Criteria (Attachment 2) fr the prpsed facility type in the CUP applicatin acknwledging that yu have read, understand the criteria and the prject will cmply with the criteria. Operating Prcedures including supplemental pages as needed. Fr an applicant with 20 r mre emplyees, prvide a statement that the applicant will enter int, r demnstrate that it has already entered int, and abide by the terms f a labr peace agreement. Structure f prpsed business, e.g., sle prprietrship, crpratin, LLC, partnership - include dcumentatin which shws bylaws, articles f incrpratin, etc. Live Scan Frm (prcessed) r receipt frm Live Scan check. If the prpsed business is publicly traded submit an Ownership Statement f every persn with ver 5% cntrlling interest. Site Plan (cpy f the same ne submitted fr CUP) including infrmatin shwing cmpliance t La Mesa Municipal Cde Chapter 24.23). Flr Plan (cpy f the same ne submitted fr CUP) including infrmatin shwing cmpliance t La Mesa Municipal Cde Chapter A fire flw analysis shall be submitted by the applicant frm Helix Water District and dated within last thirty days f the general applicatin submittal date t determine the available fire flw in the existing public water system. Cpy f Bard f Equalizatin Seller s Permit (Business and Prfessins Cde 19322(a) (7) Applicant Certificatin saying all infrmatin cntained n all applicatin dcuments is true and accurate. Envirnmental Assessment/Initial Study Applicatin C. MEDICAL MARIJUANA MAINTENANCE & CUP INSPECTION REPORT Staff Use Only Maintenance Inspectin Reprts and Fees E:\Marijuana\Final Frms\Wrkshp Materials\SUPPLEMENTAL APPLICATION fr La Mesa Final cultivatr_ Supp 1_2.dcx Page 2 f 12

3 Cmplete all sectins identifying same persn(s) where apprpriate. All signatures must be ntarized and pages attached. Prvide prf f pssessin f the premises, legal right t ccupy and apprval f use (deed, lease, lease assignment). Prperty Owner Affidavit I,, authrize the Medical Marijuana Facility entitled, t use this prperty as a Medical Marijuana facility fr, as thse terms are defined in the La Mesa Municipal Cde, shuld this facility btain a Cnditinal Use Permit. I further understand that I am respnsible fr, and als subject t, enfrcement actins regarding any vilatins and/r nuisance activity which may ccur at this prperty. Legal Prperty Owner: Date: Name (Please print) Title: Signature Legal Building Owner: Date: Name (Please print) Title: Management: Signature Name (Please print) Date: Title: Signature Building (Management) Affidavit I,, authrize the Medical Marijuana Facility entitled (Name f Business listed n frm), t use this prperty as a Medical Marijuana facility, as thse terms are defined in the La Mesa Municipal Cde, shuld this facility btain a Cnditinal Use Permit. I further understand that I am respnsible fr, and als subject t, enfrcement actins regarding any vilatins and/r nuisance activity which may ccur at this prperty. E:\Marijuana\Final Frms\Wrkshp Materials\SUPPLEMENTAL APPLICATION fr La Mesa Final cultivatr_ Supp 1_2.dcx Page 3 f 12

4 CULTIVATION SITE (select ne belw nly ne type is eligible per premise) SMALL SPECIALTY INDOOR CULTIVATION (Business and Prfessins Cde Sectin 19332, Type 1A) Eligible Znes: Industrial Service and Manufacturing (M) 600 ft radius separatin frm sensitive uses applies Prhibited in Residential Znes NURSERY CULTIVATION (Business and Prfessins Cde Sectin 19332, Type 4) Eligible Znes: Industrial Service and Manufacturing (M) 600 ft radius separatin frm sensitive uses applies (see Sectin 8, Definitins) Prhibited in Residential Znes Additinal Submittal Requirements fr Cultivatin Site Requests Submit a flr plan illustrating imprvements required t accmmdate an indr grwing facility cnsistent with the limits applicable t the apprpriate Califrnia State License Categry. Shw the prpsed flr plan cnsistent with Type 1A requirements fr indr cultivatin using exclusively artificial lighting f less than r equal t 5,000 square feet f ttal canpy size n ne premises (B & P Sectin 19332). Submit dcumentatin illustrating cnfrmance t the plant canpy and ther limits fr the Califrnia State License Categry. Submit a Type 12 transprter license if a nursery cultivatin (Type 4) licensee intends t transprt live plants. Submit a site plan illustrating that there is n visual evidence f the cultivatin either within r utside the facility. Submit a lighting plan with a phtmetric analysis shwing the illuminatin f the interir f the dispensary, façade and the immediate surrunding area including any accessry uses, parking lts and adjining sidewalk. Submit the light fixture manufacturer s sheets fr each fixture type illustrating integral shield, hds, r ther methds that cntrl the light emissins and deflect light away frm adjacent prperties. Submit a Hazardus Materials Management (HMMP) and submit with the plans fr review by the Fire Department. Identify security measures t be implemented including but nt limited t: perable cameras, alarms, and a Licensed Security Guard. Prvide evidence that a Califrnia State Licensed Security Guard has been cntracted fr the Business. All emplyees f the rganizatin are subject t a backgrund check and evidence must be submitted prir t prceeding t the Cnditinal Use Permit public hearing. Identify any LEED certificatin and adptin f EPA WaterSense identified water saving technlgies that are ging t be implemented with the prject. Submit a statement declaring the applicant is an agricultural emplyer as defined in the Alatrre-Zenvich- Dunlap-Berman Agricultural Labr Relatins Act f 1975 (Part 3.5 (cmmencing with Sectin 1140) f Divisin 2 f the Labr Cd), t the extent nt prhibited by law. Identify water prvider, expected level f water use, and wastewater discharge. Submit a site diagram and flr plan in a frmat that meet shws cmpliance t all minimum standards fr City f La Mesa Municipal Building and Fire Cde requirements fr the prpsed ccupancy type. Attach: Prf f status as a qualified patient r primary caregiver (State card r dctr recmmendatin) Tw frms f Pht Identificatin f Applicant(s) (issued ID/driver s license, passprt, State issued identificatin card) Prf f address (DMV issued ID/driver s license, and/r recent utility bill under Primary s name) Attachment 1: Standard Criteria fr Cultivatin Site Attachment 2: Additinal Standard Criteria fr Cultivatin Site E:\Marijuana\Final Frms\Wrkshp Materials\SUPPLEMENTAL APPLICATION fr La Mesa Final cultivatr_ Supp 1_2.dcx Page 4 f 12

5 STAFF USE ONLY C. CUP INSPECTION AND MEDICAL MARIJUANA MAINTENANCE REPORT Type f Facility Cnditinal Use Permit # Facility Address Name f Primary Cntact Primary Cntact Primary Cntact Phne Mailing Address CUP MAINTENANCE INSPECTION REPORTS (See attached Reslutin f Apprval #XXXX-XX) CUP Apprval 1 st Annual Fee 2 nd Annual Fee 3 rd Annual Fee 4 th Annual Fee Date Crrectin Issued? Date Applied Fee Paid DISPENSARY MONITORING AND COMPLIANCE 1) Standard Facility Inspectin (includes emplyee verificatin, track and trace verificatin, labelling verificatin, facility inspectin, etc.) Prpsed Frequency Mnthly 2) Independent Prduct Third-Party Testing (ptency and cntaminate testing) Prpsed Frequency 4 samples per mnth 3) Vide Mnitring (randm auditing) Prpsed Frequency 4 hurs f randm audit per mnth CULTIVATION MONITORING AND COMPLIANCE 1) Standard Facility Inspectin (includes emplyee verificatin, track and trace verificatin, fertilizer and pesticide verificatin, purchase rder verificatin, facility inspectin, etc.) Prpsed Frequency Mnthly 2) Independent Prduct Third-Party Testing (ptency and cntaminate testing) Prpsed Frequency 4 samples per mnth MANUFACTURING (NON-VOLATILE) MONITORING AND COMPLIANCE 1) Standard Facility Inspectin (includes emplyee verificatin, track and trace verificatin, labelling verificatin, prcess verificatin, facility inspectin, etc.) Prpsed Frequency Mnthly 2) Independent Prduct Third-Party Testing (ptency and cntaminate testing) Prpsed Frequency 8 samples per mnth E:\Marijuana\Final Frms\Wrkshp Materials\SUPPLEMENTAL APPLICATION fr La Mesa Final cultivatr_ Supp 1_2.dcx Page 5 f 12

6 ATTACHMENT 1 - CULTIVATION STANDARD CRITERIA (Measure U) MEDICAL MARIIJUANA ACTIVITY ZONING ORDINANCE OF LA MESA La Mesa Municipal Cde Chapter Cmmercial Cultivatin Sites are prhibited in residential znes. 2. Cultivatin Sites shall be permitted in Industrial Service and Manufacturing (M) znes with a Cnditinal Use Permit subject t the fllwing restrictins and regulatins. 3. All cultivatin must ccur n the interir f a building using exclusively artificial lighting. 4. A Cnditinal Use Permit may be issued fr Small Specialty Indr Cultivatin r Nursery Cultivatin. All ther cmmercial cultivatin f medical marijuana is strictly prhibited. A Cnditinal Use Permit applicant must specify whether the applicant will be cultivating Small Specialty Indr Cultivatin r Nursery Cultivatin n site. Only ne cultivatin type shall be permitted per premise. Any cultivatin must cnfrm t the plant canpy and ther limits set frth by the applicable Califrnia State License Categry fr the cultivatin site. 5. Plants shall nly be cultivated in respnse t a pre-existing supply r purchase agreement with a licensed dispensary r distributr. Fr each plant, the cultivatr must be able t shw an active purchase rder requiring this plant frm a licensed dispensary r distributr. The dispensary r distributr with which a cultivatr has a supply r purchase agreement must be licensed by a municipal r cunty jurisdictin within the state f Califrnia. 6. A unique identifier, such as, but nt limited t, a zip tie r a bar cde, shall be attached at the base f each plant r tray, batch, r ther unit cntaining plants measuring less than12 inches in height. A unique identifier, such as, but nt limited t, a zip tie, shall be issued fr each medical marijuana plant greater than 12 inches in height. This unique identifier shall identify the dispensary r distributr fr which the plant is being grwn. Recrds f plants, and their assciated dispensary r distributr must be kept by the cultivatr, and must be made available t City auditrs upn request. 7. Security shall be prvided at the cmmercial cultivatin site which shall include perable cameras, alarms, and a security guard. The security guard shall be licensed by the State f Califrnia and be present n the premise. 8. Frm a public right f way, there shall be n visual evidence f cultivatin either within r utside the facility. Adverse impacts f cultivatin shall be mitigated s that a "public nuisance" as defined by Califrnia Civil Cde sectin 3480 des nt exist, including but nt limited t adverse impacts f dust, glare, heat, nise, nxius gases, dr, smke, traffic, vibratin, r the use r strage f hazardus materials, prcesses, prducts r wastes. If an adverse impact ccurs, a licensee shall have a reasnable pprtunity and time t cure the cmplaint, adverse impact, r pssible nn-cmpliance as defined in this sectin befre being subject t revcatin, suspensin, r ther discipline. 9. N external signage shall be allwed, ther than the address f the premise. 10. N public access r sales shall be allwed n the premise. Only directrs, fficers, managers, emplyees, cntractrs f the cultivatr shall be present n the premises. Transprters and representatives f dispensaries, distributrs, manufacturers, testing labs, and ther licensees under the Medical Marijuana Regulatin and Safety Act shall be allwed n the premise with prir ntice t and permissin by the cultivatr t cnduct business as required and apprpriate. 11. All emplyees f the rganizatin t which the Cnditinal Use Permit is issued shall be subject t a backgrund check. Any persn wh has been cnvicted f a felny may nt be emplyed by cmmercial cultivatr r perate, manage, cntrl, r wn a cmmercial cultivatr entity. 12. The City encurages cultivatrs t perate in an envirnmentally sustainable manner. Preference will be given t applicant fr Cnditinal Use Permits wh shw their cmmitment t envirnmentally sustainable practices including building LEED certificatin and adptin f EPA WaterSense identified water saving technlgies. 13. T discurage theft and vandalism, the City will nt publicly publish the exact addresses f cmmercial cultivatin sites. Other aggregate infrmatin regarding cnditinal use permits fr cultivatin including, but nt limited t, number f permits issued, districts where said permits were issued, and the rganizatins t whm such permits were issued shall be available upn request. 14. Applicants fr Cnditinal Use Permit fr cmmercial cultivatin must prvide written prf that the building wner and management cndne cultivatin activity n the premise E:\Marijuana\Final Frms\Wrkshp Materials\SUPPLEMENTAL APPLICATION fr La Mesa Final cultivatr_ Supp 1_2.dcx Page 6 f 12

7 15. A Cnditinal Use Permit fr cmmercial cultivatin site may be revked r suspended due t failure t enact a crrectin rdered by the city in respnse t a legitimate smell cmplaints, nise cmplaints, upn City cnfirmatin f the smell r nise nuisance. A Cnditinal Use Permit may als be revked r suspended fr nn-cmpliance with the regulatins set frth in this rdinance r failure t cmply with state regulatins. The hlder f a Cnditinal Use Permit shall have a reasnable pprtunity and time t cure the cmplaint, nuisance, r pssible nn-cmpliance as defined in this sectin befre being subject t revcatin r suspensin. 16. The City has may establish a set a reasnable applicatin fee fr a Cnditinal Use Permit fr a cultivatin site and, as well as set a reasnable annual fee fr maintaining the cultivatin site Cnditinal Use Permit. Such fees shall be established by the City planning department. 17. The applicant must meet any additinal standard criteria and fulfill any additinal standard requirements typically assciated with btaining a Cnditinal Use Permit in the City. The City shall review all qualifying applicatins at a reasnable pace and level f review equivalent t ther land use prjects requiring a cnditinal use permit. 18. Rules, regulatins and lcal permitting requirements impsed n a Cultivatin Site by the City shall cnfrm t the State licensing requirements fr a Cultivatin Site, as set frth by the Califrnia Business and Prfessins Cde, Divisin 8, Chapter 3.5 and ther applicable State laws. Applicant Certificatin Under penalty f perjury, I declare that I have received and agreed t cmply with the Standard Criteria in this dcument. By submitting this applicatin, I certify that I have read and understand the requirements f the Standard Criteria and that I may be disqualified fr failure t meet the requirements f state law r City rdinance, r fr incmplete, late r inaccurate applicatins/attachments, and that all fees paid in cnnectin with this applicatin are nn-refundable. Applicant: PRINT NAME Signature f Applicant: Date: E:\Marijuana\Final Frms\Wrkshp Materials\SUPPLEMENTAL APPLICATION fr La Mesa Final cultivatr_ Supp 1_2.dcx Page 7 f 12

8 ATTACHMENT 1I - CULTIVATION STANDARD CRITERIA (Measure U) MEDICAL MARIIJUANA ACTIVITY ZONING ORDINANCE OF LA MESA La Mesa Municipal Cde Chapter All cmmercial medical marijuana facilities shall secure a State license within 6 mnths f the State issuance. Revcatin f a permittee s State license shall result in immediate revcatin f the permittee s City f La Mesa permit. 2. The site shall be alarmed with a centrally mnitred fire and burglar alarm system and mnitred by an alarm cmpany licensed by the State f Califrnia (Business & Prfessins Cde 7590 et.seq.). 3. All cmmercial medical marijuana facilities shall maintain a minimum f 600 feet radius separatin frm schls as defined and in cmpliance with Health and Safety Cde Lighting at cmmercial medical marijuana facilities shall remain illuminated at all times between sunset and sunrise with sufficient intensity t illuminate every prtin f the premises including but nt limited t parking, any accessry uses and adjining sidewalks hur fixed-camera vide surveillance shall be required at all cmmercial marijuana facilities and digital strage in the clud r ther ff-site methd f recrdings shall be available fr 90 days after recrding. Further, that recrding is f a sufficient quality t prvide identificatin f any individual being recrded; that the surveillance cvers every interir area and rm and adjacent perimeter areas within a minimum f 50 feet; and that the City f La Mesa Plice Department r ther City authrized department shall have 24-hur remte access t the surveillance system. 6. N cnsumptin f any cannabis prduct shall be allwed n any f the facility s premises. 7. All prducts shall be tracked, tested, sealed and labeled at a minimum by State Medical Cannabis Regulatin Act and as it may be amended. 8. All cannabis prducts that can be ingested by eating r drinking shall have a warning label r sign advising them f the ptential hazard assciated with ver-cnsumptin. 9. A licensee shall keep accurate recrds f cmmercial cannabis activity. 10. All recrds related t cmmercial cannabis activity shall be maintained fr a minimum f seven years. 11. The City r its designee may examine the recrds f licensees and inspect the premises f a licensee as the licensing authrity as may be authrized by law. The City r its designee shall have access t any licensed medical marijuana facility fr inspectin f the facility, the emplyees and recrds (HIPPA cmpliance rules apply) during any nrmal business hurs r at any ther reasnable time. Licensees shall prvide and deliver recrds t the licensing authrity upn request (Business and Prfessins Cde 19327(c).) 12. Authrized regulatry staff shall be allwed access t the premises in accrdance with State law. 13. All cmmercial medical marijuana businesses shall maintain a current register f the names f all emplyees currently emplyed by the dispensary and shall disclse such registratin fr any City fficer r authrized fficial fr purpses f determining cmpliance with lcal and state medical marijuana emplyment requirements. 14. The medical marijuana permit hlder shall have a BOE seller s permit r applicatin fr BOE seller s permit fr the cmmercial medical marijuana activity in which they engage pursuant t Business and Prfessins Cde 19312(a) and 19320(d)). 15. A cmmercial medical marijuana licensee shall have a reasnable perid f time, which shall nt exceed 14 calendar days t crrect an adverse impact r t cure a legitimate cmplaint r pssible nn-cmpliance as defined in this sectin, befre being subject t revcatin, suspensin, r ther discipline unless the impact, cmplaint r nn-cmpliance wuld result in an immediate danger t the public and shall then be cured immediately as determined by lcal law enfrcement r ther apprpriate authrity. 16. Dispsal f any unused r unwanted medical marijuana shall underg a special prcess and shall nt be dispsed f as r with rutine garbage. E:\Marijuana\Final Frms\Wrkshp Materials\SUPPLEMENTAL APPLICATION fr La Mesa Final cultivatr_ Supp 1_2.dcx Page 8 f 12

9 17. All emplyees shall underg a backgrund check and any persn wh has been cnvicted f a felny may nt be emplyed by r perate, manage, cntrl r wn a cultivatin site r premise. 18. All emplyees f any medical marijuana facility shall have clearly visible pht identificatin badges that are t be wrn at all times when they are n the premises f the facility. 19. Electricity in all cmmercial marijuana facilities shall be grid cnnected and cmpliant with current cde. The use f generatrs ther than fr emergency security back-up is prhibited. 20. Any plumbing mdificatins fr all cmmercial marijuana facilities shall be apprved by the Building Department prir t mdificatin. 21. A unique identifier shall be used t identify and track any plant ver 12 in height frm the cultivatr until the time f sale. The identifier shall cntain all and any infrmatin required by State law as it may be amended. At a minimum, the identifier shall identify the rigin f the plant and the dispensary r distributr fr which the plant is being grwn. 22. Any vlatile substances as well as any hazardus materials stred r used n premises shall be disclsed t the City and stred r fastened in a secure manner r as required by City cde. Vlatile slvents shall be prhibited. 23. An annual Medical Marijuana Maintenance Reprt and fee t perate any cmmercial medical marijuana facility is required. Applicatins fr the annual Medical Marijuana Maintenance Reprt and fee shall be filed with City f La Mesa Planning Department at least 60 calendar days befre the expiratin f the current permit (cmmencing after the effective date f the Cnditinal Use Permit and with the first issuance f a business license and annually n the anniversary date fr five cnsecutive years). 24. A cmmercial medical marijuana business shall nt transfer wnership r cntrl f the business t anther persn r entity unless and until the transferee first btains apprval frm the City f La Mesa and the apprpriate fees are paid. 25. N cmmercial medical marijuana facility may be physically changed r increased in size (e.g., flr area r buildings utilized) withut prir apprval and/r amending the existing permit. 26. All staff f cmmercial medical marijuana businesses shall receive apprpriate training fr their intended duties as required by state and lcal law. 27. Pursuant t the LMMC Sectin a cnditinal use permit may be revked by the planning cmmissin if it determines that the permit was btained thrugh fraudulent representatives r the use was subsequently changed in peratin cntrary t representatins r cnditins applied and pursuant t LMMC Sectin A Cnditinal Use Permit may be revked r suspended due t failure t enact a crrectin rdered by the City in respnse t a legitimate and city cnfirmed smell and/r nise cmplaint as well as nn-cmpliance with the regulatins f the Medical Marijuana Activity Zning Ordinance r failure t cmply with Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, as amended. 28. The prject shall cmply with the mst recent adpted Califrnia Fire and Building Cdes and Standards. 29. A Fire inspectin is required prir t a certificate f ccupancy r issuance f business license. 30. The prject shall implement and maintain CPTED principles as illustrated n Exhibit A r as required by the Cnditinal Use Permit. 31. All activities assciated with the business shall be cnducted indrs. 32. Any new rftp mechanical equipment shall be screened frm view frm the street and adjacent prperties. 33. A building permit applicatin shall be submitted t the building department fr review and if a change in use ccupancy lad is required. The cnstructin shall be cmpleted in cmpliance with an apprved building permit. 34. Business peratins shall nt cmmence unless all required apprvals, inspectins and licenses have been btained. 35. Site landscape shall be cnsistent with the Water Cnservatin Ordinance and Landscape requirements f the underlying zne. E:\Marijuana\Final Frms\Wrkshp Materials\SUPPLEMENTAL APPLICATION fr La Mesa Final cultivatr_ Supp 1_2.dcx Page 9 f 12

10 36. The applicant shall maintain the prject in gd cnditin and repair. Maintenance f the prperty and the respnsibility fr such maintenance shall be that f the wner f recrd and/r the ccupant, separately r jintly, and either r bth may be cited fr any vilatin n the building site. 37. All yards and ther pen spaces arund buildings shall be kept free f waste, litter, junk, r strage f any material; prvided, where utside strage is a permitted use r is a nncnfrming use, such strage shall be dne in an rderly manner. Packing bxes, lumber, litter, dirt and ther debris accumulated in vestibules, drways r the adjining sidewalks r utside cmmercial buildings and visible frm public r private streets shall be prhibited. 38. All apprved landscaped areas shall be prperly maintained by regular watering, mwing, pruning, fertilizing, clearing f weeds and debris, the remval and replacement f dead r diseased plants and trees, and the repair and replacement f irrigatin systems and integrated architectural features (e.g., funtains). 39. All driveways and parking areas shall be graded, hard surfaced, and maintained in accrdance with standards established by the City Cuncil reslutin. 40. All fences and structures shall be kept in gd cnditin. All building materials and architectural features shall be kept in gd cnditin, bth structurally and aesthetically. Awnings and ther features cnstructed f materials subject t weathering and deteriratin shall be replaced when they are wrn, tattered, excessively faded, r therwise in pr cnditin. All building and exterir finishes and architectural features shall be maintained t avid the appearance f deteriratin r disrepair frm excessive weathering, paint chipping r peeling, excessive cracks, brken windws r drs, r ther cnditins that represent lack f prper prperty maintenance. 41. Attractive nuisances dangerus t children, including but nt limited t abandned and brken equipment, icebxes, refrigeratrs, and unprtected and/r hazardus pls, pnds and excavatins are prhibited. 42. The fllwing requirements shall be accmplished at n cst t the city in cnnectin with develpment (see exceptins LMMC B 1.a &b). a. If the building site has frntage n a public street which is substandard with respect t either width r imprvements as prescribed in the Street Standards Reslutin r General Plan, then land needed fr widening f each such substandard street shall be granted t the City and needed street imprvements specified in such reslutin shall be made t the satisfactin f the city engineer. Such imprvement shall include but is nt limited t preparatin f the street right-f-way by grading, remval f bstructins, cnstructin f retaining walls, guardrails r ther prtective devices determined by the city engineer t be necessary, tgether with preparatin f engineering plans fr all imprvements. b. All public utility services shall be undergrund. 43. Fire access, fire hydrants, water service, and ther fire prtectin facilities shall be prvided in accrdance with current La Mesa fire standards. 44. On-site and ffsite drainage shall be prvided fr and dispsed f t the satisfactin f the city engineer. 45. Payment fr the Maintenance Reprt shall be submitted t the City n later than 60 days in advance f the required annual Maintenance Reprt due date. The annual Maintenance Reprt due date is the anniversary date f the effective date f the Cnditinal Use Permit. 46. The business may be subject t future lcal taxes. If a lcal tax is implemented, a payment schedule may be established. 47. Fees are nn-refundable and shall be cnsistent with the Fee Schedule. The Fee Schedule is updated n an annual basis. 48. All pints f ingress, egress and parking shall cmply with ADA regulatins. Additinal requirements may apply based n the existing cnditins and prpsed imprvements. 49. The site and business shall cnfrm t the apprved Cnditinal Use Permit and assciated Exhibit A and apprved building plans fr any tenant imprvements including any changes t electrical, plumbing r mechanical systems prir t cnducting business. E:\Marijuana\Final Frms\Wrkshp Materials\SUPPLEMENTAL APPLICATION fr La Mesa Final cultivatr_ Supp 1_2.dcx Page 10 f 12

11 50. All cultivatin shall ccur in the interir f a building using exclusively artificial light and with a ttal canpy f all marijuana less than r equal t n mre than 5,000 square feet and is further described in Business and Prfessins Cde 19332(g)(2) as specialty indr small cultivatin and as a Type 1A license. 51. Plants shall nly be cultivated in respnse t a pre-existing supply r purchase agreement with a licensed dispensary r distributr. Recrds shall be generated and maintained t demnstrate cmpliance with this requirement. 52. The cultivatr shall maintain recrds t demnstrate an active purchase rder requiring the plant frm a dispensary r distributr licensed by a cunty r municipality. 53. N ne under the age f 18 years shall be allwed in a cultivatin facility. 54. A security guard is required n premises anytime a manager, wner, supervisr, r any ther persn emplyed by the cultivatr is n premises. 55. At all times the medical marijuana facility is pen, the facility shall prvide at least ne security guard wh is licensed, pssesses a valid Department f Cnsumer Affairs security guard card and has a valid City f La Mesa Business License. 56. Security shall be prvided at the cultivatin site which shall include perable cameras, alarms, and a security guard. The security guard shall be licensed by the State f Califrnia and be present n the premise when the facility is pen. 57. Randm testing f cultivated medical marijuana prduct is required befre distributin t a medical marijuana manufacturer r dispensing facility. Recrds shall be generated and maintained t demnstrate cmpliance t this requirement. 58. The Applicant shall cmplete a Hazardus Materials Management Plan (HMMP) and submit plans fr review and apprval by the Fire Department prir t btaining ccupancy fr cnducting business. 59. The peratin f the business shall cmply with State Licensing utlined in Califrnia Business and Prfessins Cde, Divisin 8, Chapter 3.5 as amended and any ther applicable laws r regulatins. 60. The Prject shall cmply with the Develpment Standards f the underlying zne including but nt limited t parking standards and requirements, trash and recycling enclsures, and landscape. 61. Apprval f the Cnditinal Use Permit is fr cultivatin purpses nly. 62. Perfrmance entertainment as defined in LMMC is prhibited. 63. The apprval f a CUP that prpses t emply LEED certificatin and EPW WaterSense system shall submit building plans t illustrate these principles. The City will prvide expedited services fr plan check review t accmmdate the preference prvisin f the rdinance. The submitted plans shall be reviewed by a third party cnsultant at the sle cst f the applicant. The third party cnsultant shall be selected by the City f La Mesa. The prject shall implement the apprved plans including all methds and materials in supprt f the LEED certificatin and EPW WaterSense system and these cmpnents shall be maintained thrugh the life f the prject. 64. Prvide prf f a bnd t cver the csts f destructin f medical cannabis r medical cannabis prducts if necessitated by a vilatin f licensing requirements pursuant t applicable laws. 65. Cmmercial cultivating shall cmply with the mst recent adpted Califrnia Fire Cdes and Standards. 66. A site plan and flr plan shall be submitted fr review, apprval and permits prir t cmmencing wrk. It is strngly encuraged that the applicant hires a design prfessinal (i.e. an Architect) t prepare the plan dcuments. 67. The applicant shall cmplete the Hazardus Materials Management (HMMP) and submit this dcument with the plans fr review by the Fire Department. 68. A cde analysis regarding cde cmpliance with the Califrnia Fire Cde in the use f all prcessing phases may be required and shall be prvided by a third party, state Certified Prfessinal Engineer r Fire Prtectin Engineer. 69. A fire inspectin is required prir t a certificate f ccupancy r business license being issued. The applicant shall ensure the cmmercial cultivating site and building are ready fr peratin prir t the fire inspectin and in accrdance with the apprved and permitted plans. Be advised fire inspectins may be required during the setup f the peratin and will be determined at time f permit issuance. E:\Marijuana\Final Frms\Wrkshp Materials\SUPPLEMENTAL APPLICATION fr La Mesa Final cultivatr_ Supp 1_2.dcx Page 11 f 12

12 Applicant Certificatin Under penalty f perjury, I declare that I have received and agreed t cmply with the Additinal Standard Criteria in this dcument. By submitting this applicatin, I certify that I have read and understand the requirements f the Additinal Standard Criteria and that I may be disqualified fr failure t meet the requirements f state law r City rdinance, r fr incmplete, late r inaccurate applicatins/attachments, and that all fees paid in cnnectin with this applicatin are nn-refundable. Applicant: PRINT NAME Signature f Applicant: Date: E:\Marijuana\Final Frms\Wrkshp Materials\SUPPLEMENTAL APPLICATION fr La Mesa Final cultivatr_ Supp 1_2.dcx Page 12 f 12