CITY OF BELLFLOWER RESOLUTION NO B

Transcription

1 CITY OF BELLFLOWER RESOLUTION NO B A RESOLUTION DENYING CONDITIONAL USE PERMIT NO. CUP CU-CAN AND DENYING A MEDICAL CANNABIS BUSINESS PERMIT TO OPERATE A MEDICAL CANNABIS DISTRIBUTION FACILITY AT 9535 ARTESIA BOULEVARD; APPLICANT: LARRY THACKER (REPRESENTING NC3 SYSTEMS INC. DBA CALIVA) THE CITY COUNCIL RESOLVES AS FOLLOWS: SECTION 1. Recitals. The City Council finds and declares as follows: A. On September 27, 2017, Mr. Larry Thacker, representing NC3 Systems Inc. dba Caliva (the Applicant ), filed an application seeking approval of a Conditional Use Permit at 9535 Artesia Boulevard for medical cannabis operations. Additionally, the Applicant seeks a Medical Cannabis Business Permit to operate a Medical Cannabis Distribution Facility (collectively, the Project ). B. The application was reviewed by the City for, in part, consistency with the General Plan and conformity with the Bellflower Municipal Code ( BMC ) including, without limitation, BMC Title 14, BMC Chapter 17.94, Resolution No (adopted August 14, 2017), and Resolution No (adopted October 9, 2017) (collectively, the Medical Cannabis Regulations ). C. Notice of Public Hearings before the City Council was duly given and published in the time, form, and manner as required by law. D. Preliminary review was conducted of the Project in compliance with the California Environmental Quality Act (Public Resources Code 21000, et seq., CEQA ), the regulations promulgated thereunder (14 Cal. Code of Regulations 15000, et seq., the CEQA Guidelines ), and the City s Environmental Guidelines. E. On December 18, 2017, the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the City Council by the Applicant. F. The City Council considered the information provided by City staff, public testimony, and the Applicant. This Resolution, and its findings, are made based upon the evidence presented to the City Council at its December 18, 2017 hearing including, without limitation, the staff report. Page 1 of 6

2 Resolution No B Page 2 of 6 G. Pursuant to BMC , a maximum of 12 Conditional Use Permits may be issued; pursuant to Resolution No , a total of 12 Medical Cannabis Business Permits for medical cannabis-related businesses may be issued by the City. Of these 12 Medical Cannabis Business Permits, a maximum of 4 Medical Cannabis Business Permits for dispensaries may be issued. H. The City reviewed and considered all applications in the order submitted. SECTION 2. Factual Findings and Conclusions. The City Council finds as follows: A. The Applicant seeks to establish and operate a Medical Cannabis Distribution facility at 9535 Artesia Boulevard (the Property ). B. The Applicant submitted a complete application including the following required components: Public Notification Map and Mailing List; Business Plan; Operations Plan; Fire Prevention and Suppression Plan; Security Plan; Traffic and Parking Study; Site, Floor, and Elevation Plans; and Photographs of the Property. C. The Property is zoned C-G (General Commercial) with a General Plan Land Use Designation of Commercial. D. The Property is not located within 600 feet of any parcel containing a school; 300 feet of any parcel containing a religious facility, park (except those designated as primarily a pedestrian walkway rather than for recreational purposes), state- or county-licensed child daycare facility, youth center, or licensed drug or alcohol rehabilitation facility; or 1,000 feet of any parcel upon which a licensed cannabis business is operating. E. The Property is approximately 7,052 square feet (0.16 acres) in area and is currently developed with a vacant retail commercial building. F. The Applicant proposes to renovate the existing building to accommodate the proposed Project. G. The Applicant provided documentation that 75 percent of the applicants and management of the cannabis related business are California residents and have been for at least three years immediately preceding the date of application. H. The Applicant provided documentation of a 10-year lease with the owner of the property allowing the Applicant to operate a medical cannabis distribution facility on the property.

3 Resolution No B Page 3 of 6 SECTION 3. Environmental Review. Based on the facts identified in Section 2 of this Resolution, review was conducted in accordance with CEQA Guidelines and it was determined that the Project is included in the classes of projects exempt from additional environmental review under CEQA Guidelines (Existing Facilities) and (Replacement or Reconstruction). SECTION 4. Notice of Exemption. The City Manager, or designee, is directed to file a Notice of Exemption is accordance with CEQA Guidelines and any other applicable law. SECTION 5. Conditional Use Permit Findings and Conclusions. The City Council finds as follows: A. The Project is properly one for which a Conditional Use Permit is authorized by Title 17 of the Bellflower Municipal Code. The Project is a conditionally permitted use in the C-G (General Commercial) Zone. B. The Project meets the location restrictions for cannabis-related businesses defined in BMC The Project is proposed on a parcel zoned C-G (General Commercial) and is not located within 600 feet of any parcel containing a school, religious facility, park, licensed child daycare facility, youth center, or licensed drug or alcohol rehabilitation facility. C. The Project includes an Operations Plan. The application includes an Operations Plan containing the content required in chapter and of the BMC. D. The Project is necessary or desirable for the development of the community, and is not detrimental to existing uses or to uses specifically permitted in the district in which the site is located. The Medical Cannabis Regulations allow the City Council to issue a maximum of 12 conditional use permits for cannabis-related businesses. The proposed Project would be fully contained within the renovated building. However, application No. 3 is for a distribution and dispensary with delivery facility proposed at the Property. Fourteen parking places are required for the proposed uses under the BMC; with seven spaces required for the proposed distribution and seven additional spaces required for the proposed dispensary with delivery use. Seven spaces are proposed on the site. Additional parking is proposed at two off-site parking lots. The BMC requires that a parking covenant be provided for off-site parking to guarantee these spaces will be

4 Resolution No B Page 4 of 6 available. Parking covenants have not been provided for the proposed off-site parking spaces, which are located in existing parking lots serving other businesses. The off-site parking locations proposed are not located close enough to the Property to provide convenient parking for the customers and employees of the proposed dispensary with delivery and distribution facility. Because the off-site parking is not conveniently located, customers and employees will likely use parking located closer to the building. For this reason, parking for the proposed distribution use cannot be provided on the Property while the dispensary with delivery use operates and sufficient parking would not be provided. As a result, the Project will be detrimental to the existing land uses surrounding the Property. E. The Property is adequate in size and shape to accommodate said use, and for all the yards, setbacks, walls or fences, landscaping, and other features that may be required in order to adjust said use to those existing or possible future uses of land in the neighborhood. The Property is approximately 7,052 square feet in size, and contains a vacant retail commercial building that will accommodate the proposed distribution use. As described above in subsection D, insufficient parking would be provided for the distribution use, and as a result, the Project will not be adequate in size and shape in order to adjust to the existing or possible future uses of land in the neighborhood. F. The Property relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use. The Traffic and Parking Plan submitted with the application demonstrates the proposed use will not adversely affect traffic conditions in the area. SECTION 6: Denial. Based on the foregoing, the City Council denies Conditional Use Permit No. CUP CU-CAN for a Conditional Use Permit for a medical cannabis distribution because sufficient parking would not be provided for both the proposed distribution and dispensary with delivery uses. The seven parking spaces on the site would be sufficient for either the distribution or dispensary with delivery use, but not for both of these uses. Both uses would conflict with BMC which establishes that a parking covenant is required for off-site parking. SECTION 7: Medical Cannabis Business Permit Findings. In accordance with the Medical Cannabis Regulations, the City Council finds as follows: A. Does the Project exceed the maximum 4 Medical Cannabis Business Permits for dispensaries established in BMC and Resolution No ?

5 Resolution No B Page 5 of 6 No. The Project was submitted and accepted for review by the City as the 3rd application and the 1st Medical Cannabis Distribution. Approval of the Project would not exceed the maximum of four allowed dispensary permits. B. Does the Property contain the required number of parking spaces for the proposed use? No. As described above in Section 5.D and 5.E, 14 parking places are required for the proposed distribution and dispensary with delivery uses under the BMC; with seven spaces required for the proposed distribution use and seven additional spaces required for the proposed dispensary with delivery use. Seven spaces are proposed on the site and off-site parking locations require a covenant. A parking covenant for off-site parking lots has not been submitted to the City. C. Within 1,000 feet of any parcel upon which a licensed cannabis business is operating established in BMC ? No. All other proposed locations are greater than 1,000 feet from the Property. D. Is the Applicant a person(s) of good character, honesty, and integrity whose background, reputation, and associations will not result in adverse publicity for the City of Bellflower or its economic development? Yes. The Applicant cleared the fingerprint-based criminal history records check (Live Scan). SECTION 8: Denial. Based on the foregoing, the City Council denies Medical Cannabis Business Permit No. CUP CU-CAN for a Medical Cannabis Business Permit for a medical cannabis distribution because insufficient parking within the Property will occur with approval of both Medical Cannabis Business Permits for distribution and dispensary with delivery. Off-site parking is proposed, however, no covenant has been recorded with the City, as established by BMC , and both uses would conflict with the BMC. SECTION 9: Reliance On Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 10: Limitations. The City Council s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the

6 Resolution No B Page 6 of 6 project will not exist. One of the major limitations on analysis of the project is the City Council s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City s ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 11: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable. SECTION 12: Preservation. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution. SECTION 13: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 14: This Resolution is the City Council s final decision and will become effective immediately upon adoption. Any challenge brought to this Resolution must be filed within 90 days pursuant to Code of Civil Procedure SECTION 15: The City Clerk is directed to mail a copy of this Resolution to the Applicant and to any other person requesting a copy. SECTION 16: The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 18 th DAY OF DECEMBER Attest: Ron Schnablegger, Mayor Mayra Ochiqui, City Clerk Approved as to form: Karl H. Berger, City Attorney Exhibit A (Conditions of Approval)

7 CITY OF BELLFLOWER RESOLUTION NO EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT CASE AND CANNABIS BUSINESS PERMIT NO. CUP CU-CAN In addition to all applicable provisions of California law and the Bellflower Municipal Code ( BMC ), NC3 Systems, Inc dba Caliva/Larry Thacker (the Applicant ), agrees that it will comply with the following conditions for the City of Bellflower s approval of a Medical Cannabis Business Permit ( MCBP ) and Conditional Use Permit ( CUP ). Law Enforcement I. Definitions Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these Standard Conditions of Approval ("SCOA"). Words and phrases undefined in this SCOA have the same meaning as set forth in BMC Chapter "Batch" means a specific quantity of cannabis or cannabis product that is intended to have uniform character and quality, within specified limits, and is produced according to a single manufacturing order during the same cycle of manufacture. "Manager" means an individual who is an employee of a cannabis business and who, directly or indirectly, is engaged in the management of the cannabis business as set forth in an approved Operations Plan. "On-Site Designated Representative" means a Manager who is designated by the cannabis business to be present, and who is present, at all times during the cannabis business's hours of operation. "Owner" means any individual member of a Cannabis business having more than a ten percent (10%) interest, legal or equitable, or otherwise, in the Cannabis business. "Security Personnel" means any person(s) who perform(s) security related tasks on behalf of the Cannabis business. II. General Conditions 1. The cannabis business must be developed and/or used in the manner requested and must be in substantial conformity with the plans as approved by the City s Building official, unless revisions and/or additional conditions are specifically required herein. 2. The Applicant and its successors in interest must indemnify, protect, defend (with legal counsel reasonable acceptable to the City), and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees, and agents from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively "Claims") arising out of or in any way relating to this project, any discretionary approvals granted by the City related to the development of the project or the environmental review conducted under the California Environmental Quality Act, Public Resources Code 21000, et seq., for the project. If the City Attorney is required to enforce any conditions of approval, all costs, including attorney's fees, must be paid for by the Applicant.

8 Page 2 of The Applicant must reimburse the City for all attorney s fees expended by the City that are directly related to the processing of this project. The City will not issue a MCBP until all attorneys' fees are paid by the Applicant. 4. The Applicant must submit to the City Manager, or designee, a signed copy of these conditions of approval acknowledging acceptance, and compliance with the conditions herein within 30 days from the date of approval by the City Council. The conditions of approval must be signed, notarized and returned to the City Manager, or designee, before any plan check submittal or construction permit application or implementation of the requested entitlement. 5. This decision is not effective until Applicant acknowledges acceptance of all conditions and any administrative appeal period has lapsed, or a waiver of right to appeal is filed or if there is an appeal, until a final decision has been made on the appeal. By use of the entitlements granted by a development application, the Applicant acknowledges agreement with conditions of approval. 6. Anything which is not shown on the application/plans, or which is not specifically approved, or which is not incompliance with this section, is not approved. Any application and/or plans which are defective as to, without limitation, omission, dimensions, scale, use, colors, materials, encroachments, easements, will render any entitlements null and void. Ill. Security 7. Cannabis businesses must be equipped with, and at all times be monitored by, a web-based closed-circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the Cannabis business. The system must be fully functional before processing, cultivating or dispensing of cannabis. The recordings of the monitoring must be maintained for a period of not less than 90 days and must be made available and accessible to the Police Chief and any other City official charged with enforcing the provisions of the BMC immediately upon request for review and copying, without the need for a search warrant, subpoena or court order. The cannabis business must also provide the Police Chief with the URL address of any on-site web-based video surveillance to monitor remotely at any time without a warrant, subpoena or court order. 8. The cannabis business must have a centrally monitored fire and burglar alarm system. This system must be fully functional at all times and before processing, cultivating or dispensing of cannabis at the cannabis business. At a minimum, this alarm must cover the perimeter of the cannabis business and must focus on those areas where cannabis is grown, produced, harvested, stored, packaged or dispensed. A professional alarm company must monitor this alarm at all times. 9. The cannabis business must contain a fireproof safe or a fireproof storage system and all records must be stored in that safe or system. 10. Crime Prevention Through Environmental Design (CPTED). Exterior lighting on the cannabis business and parking area lighting for the cannabis business must be balanced; cannot result in glare on adjoining properties; must complement the security systems required above to ensure that all areas of the cannabis business are visible; and must provide increased lighting at all entrances to the cannabis business. The lighting required in this subsection must be turned on from dusk to dawn. 11.Cannabis must be stored in buildings that are completely enclosed, and in a locked vault or safe, or other secured storage structure, which is bolted to the floor, or structure of the cannabis business.

9 Page 3 of Windows and roof hatches of the cannabis business must be secured from the inside with bars so as to prevent unauthorized entry, and must be equipped with latches that may be released quickly from the inside to allow exit in the event of emergency in compliance with all applicable Building Code provisions. 13.Exterior doors to the cannabis business must remain locked from the outside to prevent unauthorized ingress to the cannabis business. Ingress must be allowed by means of a remote release operated from within the cannabis business. In all cases, doors must remain operable from the inside to allow egress without the use of a key or special knowledge. Access-controlled egress doors must comply with the California Building Code provisions. 14.No person can possess any firearm while in the cannabis business without having first obtained a license from the appropriate state or local agency authorizing the person to be in possession of such firearm. 15.Persons possessing a firearm while in the cannabis business must provide the City Manager and Police Chief, 10 days before bringing the firearm onto the Cannabis business, with the following: a. A copy of the license issued to the person by the appropriate state or local agency authorizing him or her to possess such firearm; b. A copy of his or her law enforcement identification (if he or she is employed by a law enforcement agency); and c. A copy of his or her California Driver's license or California Identification Card. 16. There must be at least one Security Personnel on duty in a cannabis business during its hours of operation. If the cannabis business has a separate cultivation site, at least one Security Personnel must be present at that Cultivation Site on duty 24 hours a day, seven days a week. The Security Personnel must provide security inside the cannabis business, along the outside perimeter of the cannabis business, at parking sites immediately adjacent to the cannabis business and used by members of the cannabis business, and at sidewalks adjacent to the cannabis business. The cannabis business must employ Security Personnel subject to the following requirements: a. All Security Personnel must register and maintain valid registration status with the state of California's Department of Consumer Affairs. At no time must any Security Personnel register with the State at any level that is less than that of a proprietary private security officer. Proof of application and registration for all Security Personnel must be maintained by the cannabis business and consist of copies of all relevant documentation including: application forms, receipts for application fees and live scan fees, and actual proof of registration. b. While on duty, all Security Personnel must have a nameplate containing the Security Personnel's full name and the word "SECURITY" printed in bold, capital letters. The nameplate must be exhibited prominently on the clothing, at chest level, and must be visible and easily read at all times. The nameplate must be a minimum of two inches high and four inches wide, with the required information printed in capital letters, at least three- fourths inches high and in a contrasting color. As an alternative to a nameplate, the Security Personnel's name and the word "SECURITY" may be embroidered on the Security Personnel's outermost garment with the required information meeting the above specifications and located at chest level. IV. Operating

10 Page 4 of The MCBP does not become effective until the permittee pays the annual permit administration fee of $25,000 required by Resolution No (adopted August 28, 2017) as adjusted by Section 3 of that Resolution, or as required by any successor resolution. Except as otherwise provided for Live Scan results, the MCBP is valid for 12 months pursuant to BMC The privilege to operate pursuant to a MCBP must be renewed in accordance with BMC Cannabis cannot be visible with the naked eye from any public or other private property. 19. AII areas devoted to dispensing cannabis must be secured from public access by means of a locked gate and any other security measures necessary to prevent unauthorized entry. 20. At no time can any cannabis business have any of the following items on the premises: a. Any controlled substances, other than cannabis; b. Alcoholic beverages; or c. Firearms, except in strict compliance with the MCBP along with federal, state and local laws. 21. A sign must be posted in a conspicuous place inside the cannabis business advising, in English, Spanish, Khmer and Tagalog, the following: "The sale and use of cannabis are violations of federal law. The use of cannabis may impair a person's ability to operate a motor vehicle or heavy machinery. This facility is registered in accordance with the Bellflower Municipal Code." 22. Each Cannabis business must designate an on-site representative who must be present during all hours of the Cannabis business's operation. The On-Site Designated Representative must meet the following minimum requirements: a. Be a Manager for the Cannabis business; b. Comply with all applicable laws; c. Carry on his or her person, at all times when he or she is functioning as the on-site representative, a valid government issued photo Identification Card or license; d. Upon request by the Police Chief or any other City official charged with enforcing the provisions of the BMC, produce such photo Identification Card or license for inspection; e. Be available at the telephone number identified in the registration as the on-site landline telephone number for the cannabis business; f. Cooperate fully with the Police Chief and any other City official charged with enforcing the provisions of the BMC with any inquiry, inspection, request, or investigation necessary or appropriate to implement the requirements of the BMC or to enforce any other State or local law; g. Immediately report to the Police Chief any violations of State or local law or conditions which the On-Site Designated Representative knows, or reasonably should know, exist on the cannabis business and at the cannabis business and could result or have resulted in harm or an imminent threat of harm to the health, safety or general welfare of any person or member of the public; and h. Immediately report to the Police Chief, the County Health Department, and members of the cannabis business any information indicating that a member experienced an adverse reaction to, or other difficulty related to, any cannabis procured from the cannabis business. V. Public Safety and Safety of Cannabis Business

11 Page 5 of Each cannabis business must operate in a manner such that dispensing cannabis does not adversely affect the health or safety of nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts. 24. Each cannabis business must utilize appropriate air purification systems and air scrubbers wherever cannabis is cultivated, processed, manufactured or dispensed so as to prevent the odor of cannabis from emanating beyond the walls of the cannabis business Each and every cannabis business must ensure that it has safe growing facilities, chemicals and fertilizers are properly stored, carbon dioxide levels are tested, areas are properly vented, and mold is tested and controlled for the safety of city personnel and enforcement personnel that may be required to conduct a site visit. VI. Property Maintenance 27. The cannabis business must be kept in a clean and safe condition by, at a minimum, performing all of the following tasks: a. Properly remove and store all trash, litter, rubbish and debris on the cannabis business at the end of each business day; b. Properly dispose of all trash, litter, rubbish and debris from the Cannabis business; c. Remove graffiti placed upon the Cannabis business and Cannabis business within forty-eight hours of its occurrence; d. Keep driveways, sidewalks, park strips, fire access roads and streets on or adjacent to the cannabis business clear and clean; e. Provide lighting on the cannabis business to ensure the safety of the public and employees; and f. Otherwise operate in a manner that does not create or result in any significant adverse impacts upon the cannabis business or within 300 feet of the cannabis business. Standard Conditions of Approval 28. All concrete and asphalt demolition debris from the site must be recycled. 29. Exterior construction activities (grading, framing, etc.) is restricted to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays, except that interior building construction activities are not limited in time. 30. All construction equipment must be properly muffled to reduce noise levels. Transportation of equipment and materials and operation of heavy grading equipment must also be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays. All equipment staging areas must be sited on the subject property. 31. Dust generated by construction activities must be reduced by watering the soil prior to and during grading activities. Reclaimed water must be used whenever possible. Dirt cannot be hosed into the storm drain system. 32. All improvements to the project site must comply with applicable law including, without limitation, the BMC, Fire regulations adopted by the Los Angeles County Consolidated Fire Protection District or the BMC, and all uniform codes including the California Building Code, as adopted by the BMC. 33. The second sheet of the building plans must list these conditions of approval. This information must be incorporated into the plans before the first submittal for plan check.

12 Page 6 of All work within the public right-of-way including placing and removal of traffic control devices is restricted to the hours between 8:30 a.m. and 3:30 p.m., Monday through Friday. No work requiring continuous inspection or traffic control can be done on Saturday, Sunday, or Holidays, unless prior arrangements have been made at least one week in advance with the approval of the Public Works Director, 35. The Applicant, at the Applicant s cost, is responsible for the relocation as necessary of any public or private utility or other obstruction to facilitate the construction within the public rightof-way. 36. Permits are required for all work within the public right-of-way. 37. A Low Impact Development (LID) Plan is required for the project. Projects redeveloping more than 50% of the existing site require a General Permit from the State Regional Water Quality Control Board along with an approved WDID number before the City issues a building permit. All storm water best management practices as adopted by the City must be implements and maintained during all demolition and construction activities related to the project. A copy of the City BMP Certification Form must be copied within the building plans and signed by the Applicant before the City issues building permits. 38. At the time of initial plan check submittal, four sets of complete plans and specification along with two sets of structural calculations and any other required supporting documentation must be submitted prior to the commencement of City Plan Check review services. 39. The project site and its immediate surrounding must be maintained neat and clean at all times in compliance with BMC in order to prevent Public Nuisances. The project site and its immediate surrounding must be maintained free from debris and graffiti at all times in compliance BMC Chapter The Property owner must remove any debris or graffiti within 24-hours upon notification by the City. Litter on the site and any litter scattered nearby the property, the streets, and the sidewalks must be removed daily. 40. Per BMC (F), Development Review approval, or conditional approval of a Development Review application is valid for 12 months after the date of approval, unless a building permit (plan check) application is submitted to the Building Official, or designee, for the project within that 12-month period, in which case the approval is valid as long as the plan check or building permits for the project are valid. Upon good cause shown, the Planning Director may grant one extension of an approval of not more than 12 months in the aggregate, from the original expiration date. 41. This Permit will terminate and become void unless: a. Construction implementing the use authorized by this Permit commences on or before the time limited specified in this permit, and thereafter diligently advanced or if no time is specified, on or before one year after the date of this permit was approved. b. All uses must be continuously operated for the use permitted. If the use ceases to exist for one hundred eighty (180) days or more it will be deemed expired and void. Specific Conditions of Approval Fire Prevention and Suppression Plan 42. The permittee must add 2016 California Fire Code to applicable codes section on title sheet.

13 Page 7 of The permittee must provide a Seal and Signature of design professional on each sheet of plans. 44. The permittee must indicate location of fire extinguishers on floor plan. 45. The permittee must submit a Final Fire Prevention and Suppression Plan, prepared by a Fire Protection Engineer, that includes the Statement of Intended Use Information (see, Los Angeles County Consolidated Fire Protection District requirements) and all other information requested by the City s Building Official. 46. The permittee must complete and sign provided Los Angeles County Consolidated Fire Protection District Statement of Intended Use (Form C-30). Plan Requirements. The Permittee must: 47. Provide occupancy load calculations based on use of each area of the building. (2014 CBC 1004). 48. Provide closet door to janitorial closet. 49. Provide door schedule showing type of doors, type of hardware, and door fire rating. 50. Provide complete finish schedule for all building elements (floors, walls, ceilings). 51. Provide new wall section detail. 52. Show on site plan dimensions, slopes and cross slopes for accessible path of travel. 53. Provide accessible Van parking place as specified in CBC -11B. Accessible Van parking stall must have an accessible parking isle located on passenger side. Show details for required parking space, isle and accessible parking signage. 54. Provide fully dimensioned detail plan for each restroom to demonstrate compliance with accessibility requirements of California Building Code chapter 11B. 55. Designate at least 50% of total number of single user restrooms accessible. Make one of the two existing restrooms comply with accessibility requirements of California Building Code chapter 11B. 56. Provide typical door thresholds detail. 57. Show types and locations of all required signs through the building (2016 CBC - chapter 11B). 58. Provide dimensioned door landings details, show maximum allowed slopes and changes of level for landings. 59. Provide dimensioned details for sales and check in counters. 60. Refer to recently approved State legislation (AB 1732) regarding required signage for allgender single user restrooms and revise the accessible restroom signage in accordance with the 2016 CBC and DSA Bulletin 17-01: This image represents the door symbol that is required by CBC 11B to identify an all-gender/unisex single-user toilet facility. The symbol must comply with the requirements of CBC No pictogram, text, or braille is required on the symbol. Note: Designation signs are not required to be provided by the CBC or the 2010 ADAS. If provided, a designation sign adjacent to the door must comply with the scoping requirements of CBC , and the technical requirements for raised characters (CBC ), braille (CBC ), visual characters (CBC ), and requirements

14 Page 8 of 11 for installation height and location (CBC 11B-703.4). No pictogram is required. Refer to DSA Bulletin for further information. Plumbing/Mechanical/Electrical. The Permittee must: 61. Provide electrical, mechanical and plumbing plans prepared by design professionals. 62. Provide T24 energy compliance documents. 63. Incorporate odor control devices and techniques to ensure that odors from cannabis are not detectable outside of the dispensary, or at adjoining tenant spaces. Show proposed design incorporated into HVAC system, provide cut sheet of devices used. Odor control system must be designed by a registered design professional. Security Plan. The Permittee must: 64. Property Lighting a. Provide adequate lighting for all areas of access and exit points, including along the perimeter fence line, parking lot, building and ingress and egress locations. b. Provide active lighting from dusk until dawn. 65. An inspection must be completed before the City issues a certificate of occupancy to verify all equipment and security improvements identified in the security plan are properly installed and operating. All corrective actions identified during the inspections must be completed before the City issues a certificate of occupancy. Other Requirements 66. Construction Waste Management Plan a. All projects valued at $50,000 or greater require an approved C&D Waste Management Plan in accordance with BMC Chapter before the City issues building permits. Contact Public Works at (562) x 2233 regarding application submission, review, and approval. All construction projects that trigger a C&D Waste Management Plan valued at $150,000 or greater require a performance security deposit before the City issues a building permit Pursuant to BMC Local Hiring Preference Plan a. The Applicant must implement a local preference plan to hire City of Bellflower residents at 200% above the Living Wage for the Federal Poverty Level for a family of two. 68. Contribution to Drug Rehabilitation Program

15 Page 9 of 11 a. The Applicant must make an annual contribution of $5,000 to the City for a Drug Rehabilitation Program. Payment must be made to the City s Finance Director, or designee. 69. Cash Management Plan a. In addition to any other practices demonstrated in the Operations Plan, a cash management plan is required that must include a kiosk based system at the facility to eliminate the cash transfers between employees and customers. The cash management plan must provide for the submission of detailed records of all transactions to the City and comply with all regulations promulgated by the California Bureau of Cannabis Control, when they become effective. 70. Dispensary Operations Plan a. This conditional use permit incorporates by reference the Operations Plan as approved by the City Manager, which incorporates the operational standards set forth in BMC , and the additional conditions necessary to implement the purpose of BMC Title 14 when considering the location and size of the proposed dispensary. 71. Dispensary Operational Standards a. When available, the permittee must secure a valid permit from the California Bureau of Cannabis Control. b. Hours of operation for access by the public is limited to the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday. The cannabis dispensary cannot be open on Sundays. c. Alcohol or tobacco cannot be sold within the cannabis dispensary. Smoking, vaporization, ingestion or consumption of alcohol, tobacco or cannabis in any form is not allowed on the premises of a dispensary. d. Cannabis products cannot be publicly visible from the exterior of the property. Cannabis or cannabis products cannot be stored outside of the dispensary at any time. e. All cannabis and cannabis products sold or otherwise made available at a dispensary must be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with State and local regulations. f. Each cannabis dispensary must provide the City Manager or designee with the name and telephone number of an on-site employee or owner to whom emergency notice can be provided. The telephone number provided must accept recorded voice messages in the event the contact person does not answer. g. No person under 21 years of age is allowed on the premises of a cannabis dispensary unless such person possesses a valid identification card issued by the California Department of Health Services. A sign must be posted at each entrance to a sales/display area of the dispensary informing patrons of these restrictions. h. No person under the age of 21 may be employed at a cannabis dispensary. i. Each entrance to the cannabis dispensary must be posted with a conspicuous notice stating that smoking, vaping, ingesting, or otherwise consuming cannabis

16 Page 10 of 11 on the premises or in the areas adjacent to the cannabis dispensary is prohibited. j. Entrance into any area of the cannabis dispensary where cannabis products are displayed and/or being offered for sale must be locked at all times with entry strictly controlled. A buzz-in electronic/mechanical entry system must be utilized to limit access to such areas and to separate them from the outside and/or any adjacent reception/lobby area. The specifics of such entry system must be defined in the Operations Plan. k. Uniformed security personnel must be employed to monitor all entrances and exits of the dispensary and to serve as a visual deterrent to unlawful activities during all hours of operation. Every security guard employed by or provided by the dispensary must be currently licensed by the California Bureau of Security & Investigative Services and in possession of a valid guard card. The number of security personnel must be identified in the Operations Plan. l. All restroom facilities serving the dispensary must remain locked and under the control of management. m. All law enforcement personnel seeking admission to the dispensary for the purpose of ascertaining compliance with the standards and regulations of this Code must be given unrestricted access to all areas of the premises at all times during hours of operation. Consent to such unrestricted access must be acknowledged by the permittee and included within the Operations Plan. n. All interior spaces of the dispensary which are open and accessible to the public (except restrooms), and all entrances and exits to and from the premises, must be monitored by 24-hour video security surveillance of at least HD quality with night vision capability. The video security system must be compatible with software and hardware utilized by the City as determined by the Police Chief and set forth in the Operations Plan. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 90 days. The video surveillance system specifications must be set forth in the Operations Plan before the City issues a certificate of occupancy for the cannabis dispensary. o. A professionally installed, maintained, and monitored alarm system must be installed, maintained, and operational as approved through the Operations Plan. p. A valid business license must be obtained as required by the BMC. q. All food products, food storage facilities, food-related utensils, equipment and materials must be approved, used, managed and handled in accordance with the provisions of the California Retail Food Code (Health & Safety Code , et seq.). All food products must be protected from contamination at all times, and all food handlers must be clean, in good health, and free from communicable diseases. The Los Angeles County Department of Public Health may inspect the dispensary at any time during business hours to ensure compliance with state and local laws. r. A physician is not allowed in the cannabis dispensary at any time for the purpose of evaluating patients to issue a medical cannabis prescription or card. s. The dispensary must verify that each person possesses a valid identification card before dispensing medical cannabis or medical cannabis products to any person

17 Page 11 of 11 under the age of 21. t. A valid identification card as defined in Health and Safety Code and a valid government-issued identification card must be shown by any person 18 years of age or older in order to be allowed on the cannabis dispensary premises. u. A valid identification card under Health and Safety Code and a valid government-issued identification card must be shown by any person 18 years of age or older before the sale of any medical cannabis, medical cannabis products, or cannabis accessories. 72. Delivery v. Delivery of cannabis from a cannabis dispensary permitted pursuant to BMC Title 14 can only be made in a city or county that does not expressly prohibit such deliveries by ordinance. w. No person under the age of 21 may serve as a delivery driver. No person under the age of 21 may be hired to make mobile deliveries of any cannabis product. x. A delivery driver cannot carry more than $200 in cash while engaged in the service of delivering cannabis or cannabis products. NOTICE: THE MCBP DOES NOT BECOME EFFECTIVE UNTIL THE PERMITTEE COMPLIES WITH ALL CONDITIONS THAT MUST BE COMPLETED BEFORE OPERATIONS COMMENCE. ANY FACILITY THAT COMMENCES OPERATIONS WITHOUT AN EFFECTIVE MCBP CONSTITUTES AN UNLICENSED CANNABIS FACILITY IN ACCORDANCE WITH APPLICABLE LAW INCLUDING, WITHOUT LIMITATION, BMC CHAPTER VIOLATIONS OF THE BMC MAY RESULT IN CRIMINAL OR CIVIL PENALTIES INCLUDING A PENALTY OF $5,000 PER DAY; ONE YEAR IN JAIL; OR BOTH. By signing this document Larry Thacker, on behalf of NC3 Systems LLC dba Caliva, certifies that he/she has read, understood, and agrees to the Project Conditions listed in this document. Larry Thacker ( Applicant ) {If Corporation or similar entity, need two officer signatures or evidence that one signature binds the company}