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C-20-45 Crescent Cosmos, LLC Redacted
Applicant (Entity) Information Application Type Proposed Location Commercial Cannabis Business Permit Application C-20-45 Submitted On: Dec 04, 2020 Applicant Scott Van Horn Applicant (Entity) Name: Crescent Cosmos LLC DBA: -- Physical Address: 1522 Shaw Ave City: Clovis State: CA Zip Code: 93611 Primary Contact Same as Above? Yes Primary Contact Name: Kyle Wilkins Primary Contact Title: Owner Primary Contact Phone: 559-285-4841 Primary Contact Email:HAS ANY INDIVIDUAL IN THIS APPLICATION APPLIED FOR ANY OTHER CANNABIS PERMIT IN THE CITY OF FRESNO?: Yes Select one or more of the following categories. For each category, indicate whether you are applying for Adult-Use (“A”) or/and Medicinal (“M”) or both Both Please make one selection for permit type. If making multiple applications, please submit a new application for each permit type and proposed location. Permit Type Retail (Storefront) Business Formation Documentation: Limited Liability Company Property Owner Name: RKW Homes, Inc. (Kyle Wilkins) Proposed Location Address: 1610 E Gettysburg Ave City: Fresno State: CA Zip Code: 93704 Property Owner Phone: 559-285-4841 Property Owner Email: -- Assessor's Parcel Number (APN): 426-092-21 Proposed Location Square Footage: Supporting Information Application Certification 2000 List all fictitious business names the applicant is operating under including the address where each business is located: N/A Has the Applicant or any of its owners been the subject of any administrative action, including but not limited to suspension, denial, or revocation of a cannabis business license at any time during the past three (3) years? No Is the Applicant or any of its owners currently involved in an application process in any other jurisdiction? Yes If so, please list and explain: Non-Storefront Delivery License- San Luis Obispo County, CA Owners Kyle Wilkins and Scott John Van Horn are currently owners in an application for a Non-Storefront Cannabis Delivery License in San Luis Obispo County, CA ( the property is located in the city of Oceano). San Luis Obispo County’s Building and Planning Department has processed their final approval from the building inspector and the state and local license should be issued within the next few weeks. I hereby certify, under penalty of perjury, on behalf of myself and all owners, managers and supervisors identified in this application that the statements and information furnished in this application and the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the permit, or revocation of a permit issued. In addition, I understand that the filing of this application grants the City of Fresno permission to reproduce submitted materials for distribution to staff, Commission, Board and City Council Members, and other Agencies to process the application. Nothing in this consent, however, shall entitle any person to make use of the intellectual property in plans, exhibits, and photographs for any purpose unrelated to the City's consideration of this application. Furthermore, by submitting this application, I understand and agree that any business resulting from an approval shall be maintained and operated in accordance with requirements of the City of Fresno Municipal Code and State law. Under penalty of perjury, I hereby declare that the information contained in within and submitted with the application is true, complete, and accurate. Iunderstand that a misrepresentation of the facts is cause for rejection of this application, denial of a permit or revocation of an issued permit. A denial or revocation on these grounds shall not be appealable (FMC 9-3319(d)). Name and Digital Signature true Title Owner Please note: the issuance of a permit will be determined based on the application you submit and any major changes to your business or proposal (i.e. ownership, location, etc.) after your application is submitted may result in a denial. All applications submitted are considered public documents for Public Records Act request purposes. For details about the information required as part of the application process, see the Application Procedures & Guidelines, City of Fresno Municipal Code Article 33 and any additional requirements to complete the application process. All documents can be found online via this link. For questions please contact the City Manager’s Office at 559.621.5555. Crescent Cosmos LLC Crescent Cosmos LLC - 1524 Shaw Ave. Clovis, CA 93611 November 27, 2020 Within one year of receiving a license to operate as a commercial cannabis business, Applicant will require and pay for one supervisor and one employee to successfully complete a Cal-OSHA 30-hour general industry by an OSHA Training Institute Education Center to provide the course. FMC 9-3316(c). ____________________________ Kyle WilkinsKyle Wilkins Owner Crescent Cosmos LLC ____________________________ SJ Van Horn Owner Crescent Cosmos LLC DocuSign Envelope ID: EC1D1356-147F-44A9-BFF3-A9C08FF90789 November 27, 2020 Within one year of receiving a license to operate as a commercial cannabis business, Applicant will require and pay for one supervisor and one employee to successfully complete a Cal-OSHA 30-hour general industry by an OSHA Training Institute Education Center to provide the course. FMC 9-3316(c). Kyle Wilkins Owner Crescent Cosmos LLC I D~gne~vv ~~ ~2,~~ff'If~¥t Owner Crescent Cosmos LLC Crescent Cosmos LLC -1524 Shaw Ave. Clovis, CA 93611 DocuSign Envelope ID: D63AAC57-ECAC-4762-976D-37B4294615D3 CALIFORNIA ASSOCIATION OF REALTORS K' COMMERCIAL LEASE AGREEMENT (C.A.R. Form CL, Revised 12/15) Date (For reference only): November 30, 2020 1 . 2. 3. 4. RKW Homes Inc. ("Landlord") and Crescent Cosmos LLC ("Tenant") agree as follows: PROPERTY: Landlo rd rents to Te nant and Tenan t rents from Land lo rd, the real pr op erty and imp ro vemen ts des cri be d as : 1610 E Gettysburg Ave Fresno CA 93704 ("Premises"), which comprise app roxfma tely 100.000 % of the total sq ua re foo tage of rent ab le space In the en llre pro perty . See exhibit ______ for a further description of the Premises . TERM : The term begins on (date) -----------~D~e~c~e~m=b~e~r_1~2=0=2=0 ____________ ("Commencement Date"), (Check A or B): ~ A. Lease: and shall terminate on (date) December 31, 2025 at 5:00 [JAM ~ PM. Any holding over after the term of this agreement expires , with Landlord 's consent, shall create a month-to-month tenancy that either party may terminate as specified in paragraph 2B . Rent shall be at a rate equal to the rent for the immediately preceding month , payable in advance . All other terms and conditions of this agreement shall remain in full force and effect. 0 B. Month-to-month: and continues as a month-to-month tenancy . Either party may terminate the tenancy by giving written notice to the other at least 30 days prior to the intended termination date, subject to any applicable laws. Such notice may be given on any date. 0 C. RENEWAL OR EXTENSION TERMS: See attached addendum _____________________ _ BASE RENT: A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY :) B (1) $ _________ per month, for the term of the agreement. (2) $ _________ per month , for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of each 12 months thereafter , rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers ("CPI") for _____________________ _ (the city nearest the location of the Premises), based on the following formula: Base Rent will be multiplied by the most current CPI preceding the first calendar month during which the adjustment is to take effect , and divided by the most recent CPI preceding the Commencement Date . In no event shall any adjusted Base Rent be less than the Base Rent for the month immediately preceding the adjustment. If the CPI is no longer published , then the adjustment to Base Rent shall be based on an alternate index that most closely reflects the CPI. ~ (3) $ per month for the peri od co mmencing -~D'-"e=c=em~b=er~1~·~2=0=20=---and ending August 31, 2021 and an d $ per m onth fo r the period commencing September 1, 2021 and endi ng August 31 . 2022 $ per month for the period commencing September 1, 2022 and ending December 31 , 2025 D (4) In accordance with the attached rent schedule. O (5) Other: -,-,---,---,-------,---,--.-.-------,----c--.,..-....,...---,,--..,.....--.----,-,--c-c-----.------,------ B. Base Rent is pa ya ble in advance on the 1st (or LJ ____ ) day of each calendar month, and is delinquent on th e next day. C. If the Commencement Date falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based on a 30-day period. If Tenant has paid one full month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month shall be prorated based on a 30-day period. RENT: A. Definition: ("Rent") shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security deposit. B. Payment: Rent shall be paid to (Name) ______________________________ at (address) --------------------------------------------, or at any other location specified by Landlord in writing to Tenant. C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord. 5. EARLY POSSESSION : Tenant is entitled to possession of the Premises on -=-=----,---,-::----,--,----=----=----:-----:--=--=-----,--,-!"C"· If Tenant is in possession prior to the Commencement Date, during this time (I) Tenant is not obligated to pay Base Rent·, and (II) Tenant LJ is D is not obligated to pay Rent other than Base Rent. Whether or not Tenant is obligated to pay Rent prior to Commencement Date , Tenant is obligated to comply with all other terms of this agreement. 6. SECURITY DEPOSIT: A. Tenant agrees to pay Landlord $ as a security deposit. Tenant agrees not to hold Broker responsible for its return. (IF CHECKED:) D If Bas e Re nt in crea ses during th e te rm of this agreement, Tenant agrees to increase security depos it by the same proportion as the increase in Base Rent. B. All or any portion of the security deposit may be used , as reasonably necessary, to : (I) cure Tenant's default in payment of Rent , late charges , non-sufficient funds ("NSF") fees, or other sums due; (II) repair damage , excluding ordinary wear and tear , caused by Tenant or by a guest or licensee of Tenant ; (Iii) broom clean the Premises, if necessary, upon termination of tenancy ; and (iv) cover any other unfulfilled obligation of Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposit is used during tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant. Within 30 days after Landlord receives possession of the Premises, Landlord shall: (I) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition , and (ii) return any remaining portion of security deposit to Tenant. However, if the Landlord's only claim upon the security deposit is for unpaid Rent, then the remaining portion of the security deposit, after deduction of unpaid Rent , shall be returned within 14 days after the Landlord receives possession . C. No interest ~l be paid on security deposit, unless required by local ordinance . Landlord's Initials ~ ) ( ) © 2015 , Californ ia Association of REAL TORS®, Inc. CL REVISED 12/15 (PAGE 1 OF 6) Tenant's Initials COMMERCIAL LEASE AGREEMENT CL PAGE 1 OF 6 Universal Lending & Real Eslate, 1522 Shaw Ave Clovis CA 936 1 J Phone: 559-298-0180 Fax: S5 9-298-0184 Kyle Wilkins Produced wilh Lon e Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontari o, Canada N1T 1 JS www ,lwolf.com Ge ltysburg Le ase DocuSign Envelope ID: D63AAC57-ECAC-4762-976D-37B4294615D3 Premises : 1610 E Gettysburg Ave, Fresno, CA 93704 Date November 30, 2020 7 . PAYMENTS: A. B. Rent: From 12101/2020 To 12/31/2020 Date Date Securi~Deposlt ........................ Other : Category Other: Category Total: ................................ $ $ $ $ $ P8YMENT TOTAL DUE RECEIVED $ $ $ $ $ BAL ANCE DUE $ ______ _ $ _____ _ $ _____ _ $ _____ _ $ _____ _ DUE DATE 11/30/2020 11/30/2020 8 . PARKING: Tenant is entitled to __________ unreserved and __________ reserved vehicle parking spaces . The right to parking Ii is O is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent, the parking rental fee shall be an additional $ __________ per month. Parking space(s) are to be used for parking operable motor vehicles , except for trailers , boats, campers, buses or trucks (other than pick-up trucks). Tenant shall park in assigned space(s) only . Parking space(s) are to be kept clean. Vehicles leaking oil , gas or other motor vehicle fluids shall not be parked in parking spaces or on the Premises. Mechanical work or storage of inoperable vehicles is not allowed in parking space(s) or elsewhere on the Premises. No overnight parking is permitted. 9 . ADDITIONAL STORAGE: Storage is permitted as follows: . The right to additional storage space O is O is not included in the Base Rent charged pursuant to paragraph 3. If not included in Base Rent, storage space shall be an additional$ _________ per month . Tenant shall store only personal property that Tenant owns, and shall not store property that is claimed by another, or in which another has any right , title , or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, or other dangerous or hazardous material. Tenant shall pay for , and be responsible for , the clean-up of any contamination caused by Tenant's use of the storage area . 10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord to incur costs and expenses , the exact amount of which are extremely difficult and impractical to determine . These costs may include , but are not limited to, processing, enforcement and accounting expenses , and late charges imposed on Landlord . If any installment of Rent due from Tenant is not received by Landlord within 5 calendar days after dale due , or if a check is returned NSF, Tenant shall pay to Landlord , respectively , $250.00 as late charge , plus 10% interest per annum on the delinquent amount and $25 .00 as a NSF fee, any of which shall be deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent. Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 4, or prevent Landlord from exercising any other rights and remedies under this agreement, and as provided by law. 11. CONDITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition, with the following exceptions : -,--------------------------------------------Items listed as exceptions sha ll be dealt with in the following manner: __________________________ _ 12. ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and federal laws, regulations and ordinances ("Laws"). Landlord makes no representation or warran~ that Premises are now or in the future will be suitable for Tenant's use . Tenant has made its own investigation regarding all applicable Laws . 13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant. ____________ _ 14. PROPERTY OPERATING EXPENSES: A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses, including but not limited to, common area maintenance, consolidated utili~ and service bills , insurance, and real property taxes , based on the ratio of the square footage of the Premises to the total square footage of the rentable space in the entire property. ORB. Iii (If checked) Paragraph 14 does not apply. 15. USE: The Premises are for the sole use as ------------------------------------ No other use is permitted without Landlord's prior written consent. If any use by Tenant causes an increase in the premium on Landlord's existing property insurance , Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises . 16. RULES/REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable , Owner's Association) that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do not, disturb , annoy , endanger, or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including , but not limited to, using, manufacturing , selling, storing, or transporting illicit drugs or other contraband, or violate any law or ordinance, or committing a waste or nuisance on or about the Premises. 17. MAINTENANCE: A. Tenant OR O (If checked, Landlord) shall professionally maintain the Premises including heating , air conditioning, electrical, plumbing and water systems, if any , and keep glass , windows and doors in operable and safe condition. Unless Landlord is checked, if Tenant fails to maintain the Premises, Landlord may contract for or perform such maintenance , and charge Tenant for Landlord 's cost. B. Landlord OR Ii (If checked, Tenant) shall maintain the roof, foundation , exterior walls , common areas and ___________ _ Landlord's Initials Tenant's Initials UE CL REVISED 12/15 (PAGE 2 OF 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6) Produced with Lon e WolfTransaclions (zipForm Edition) 231 Sh ea rson Cr. Cambridge, Ontario, Canada NH 1J5 www .lwolf.com Gettysburg Lease G:t (Oi,'M..tQIIIM> - DocuSign Envelope ID: D63AAC57-ECAC-4762-976D-37B4294615D3 Premises: 1610 E Gettysburg Ave, Fresno, CA 93704 Date November 30, 2020 18. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs, without Landlord's prior written consent, which shall not be unreasonably withheld. Any alterations to the Premises shall be done according to Law and with required permits. Tenant shall give Landlord advance notice of the commencement date of any planned alteration, so that Landlord, at its option, may post a Notice of Non-Responsibility to prevent potential liens against Landlord's interest in the Premises. Landlord may also require Tenant to provide Landlord with lien releases from any contractor performing work on the Premises. 19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenant's responsibility. Landlord shall be responsible for any other alterations required by Law. 20. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed repairs, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors. Landlord and Tenant agree that 24 hours notice (oral or written) shall be reasonable and sufficient notice. In an emergency, Landlord or Landlord's representative may enter Premises at any time without prior notice. 21. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FOR LEASE sign on the Premises within the 90 (or □-------) day period preceding the termination of the agreement. 22. SUBLETTING/ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises, or assign or transfer this agreement or any interest in it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting, assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by voluntary act of Tenant, operation of law, or otherwise, shall be null and void, and, at the option of Landlord, terminate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an application and credit information for Landlord's approval, and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord's consent to any one sublease, assignment, or transfer, shall not be construed as consent to any subsequent sublease, assignment, or transfer, and does not release Tenant of Tenant's obligation under this agreement. 23. POSSESSION: If Landlord is unable to deliver possession of Premises on Commencement Date, such date shall be extended to the date on which possession is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. If Landlord is unable to deliver possession within 60 (or O _____ ) calendar days after the agreed Commencement Date, Tenant may terminate this agreement by giving written notice to Landlord, and shall be refunded all Rent and security deposit paid. 24. TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (i) give Landlord all copies of all keys or opening devices to Premises, including any common areas; (ii) vacate Premises and surrender it to Landlord empty of all persons and personal property; (iii) vacate all parking and storage spaces; (iv) deliver Premises to Landlord in the same condition as referenced in paragraph 11; (v) clean Premises; (vi) give written notice to Landlord of Tenant's forwarding address; and (vii) __________________ _ All improvements installed by Tenant, with or without Landlord's consent, become the property of Landlord upon termination. Landlord may nevertheless require Tenant to remove any such improvement that did not exist at the time possession was made available to Tenant. 25. BREACH OF CONTRACT/EARLY TERMINATION: In event Tenant, prior to expiration of this agreement, breaches any obligation in this agreement, abandons the premises, or gives notice of tenant's intent to terminate this tenancy prior to its expiration, in addition to any obligations established by paragraph 24, Tenant shall also be responsible for lost rent, rental commissions, advertising expenses, and painting costs necessary to ready Premises for re-rental. Landlord may also recover from Tenant: (i) the worth, at the time of award, of the unpaid Rent that had been earned at the time of termination; (ii) the worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after expiration until the time of award exceeds the amount of such rental loss the Tenant proves could have been reasonably avoided; and (iii) the worth, at the time of award, of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided. Landlord may elect to continue the tenancy in effect for so long as Landlord does not terminate Tenant's right to possession, by either written notice of termination of possession or by reletting the Premises to another who takes possession, and Landlord may enforce all Landlord's rights and remedies under this agreement, including the right to recover the Rent as ii becomes due. 26. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete such restoration within 90 days from the date of damage, subject to the terms of this paragraph, this agreement shall remain in full force and effect. If Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore, then either Landlord or Tenant may terminate this agreement by giving the other written notice. Rent shall be abated as of the date of damage. The abated amount shall be the current monthly Base Rent prorated on a 30-day basis. If this agreement is not terminated, and the damage is not repaired, then Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of the Premises. If total or partial destruction or damage occurs as a result of an act of Tenant or Tenant's guests, (i) only Landlord shall have the right, at Landlord's sole discretion, within 30 days after such total or partial destruction or damage to treat the lease as terminated by Tenant, and (ii) Landlord shall have the right to recover damages from Tenant. 27. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous material on the Premises or the property of which the Premises are part. However, Tenant is permitted to make use of such materials that are required to be used in the normal course of Tenant's business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of removal and remediation, or any clean-up of any contamination caused by Tenant. 28. CONDEMNATION: If all or part of the Premises is condemned for public use, either party may terminate this agreement as of the date possession is given to the condemner. All condemnation proceeds, exclusive of those allocated by the condemner to Tenant's relocation costs and trade fixtures, belong to Landlord. 29. INSURANCE: Tenant's personal property, fixtures, equipment, inventory and vehicles are not insured by Landlord against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is to carry Tenant's own property insurance to protect Tenant from any such loss. In addition, Tenant shall carry (i) liability insurance in an amount of not less than $ and (ii) property insurance in an amount sufficient to cover the replacement cost of the property if Tenant is responsible for maintenance under paragraph 17B. Tenant's insurance shall name Landlord and Landlord's agent as additional insured. Tenant, upon Landlord's request, shall provide Landlord with a certificate of insurance establishing Tenant's compliance. Landlord shall maintain liability insurance insuring Landlord, but not Tenant, in an amount of at least $ , plus property insurance in an amount sufficient to cover the replacement cost of the property unless Tenant is responsible for maintenance pursuant to paragraph 17B. Tenant is advised to carry business interruption insurance in an amount at least sufficient to cover Tenant's complete rental obligation to Landlord. Landlord is advised to obtain a policy of rental loss insurance. Both Landlord and Tenant release eactruiler, and waive their respective rights to subrogation against each other, for loss or damage mred by insffl9N· Landlord's In itials ~ ) ( ) Tenant's ln ltials ~ ) ~ CL REVISED 12/15 (PAGE 3 OF 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 3 OF 6) Produced with Lane WalfTransactians (zipFarm Edition) 231 Shearsan Cr. Cambridge, Ontario, Canada NH 1J5 www.lwalf.com Geltysburg LeHse DocuSign Envelope ID: D63AAC57-ECAC-4762-976D-37B4294615D3 Premises: 1610 E Gettysburg Ave, Fresno, CA 93704 Date November 30, 2020 30. TENANCY STATEMENT (ESTOPPEL CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to Tenant by Landlord or Landlord's agent, within 3 days after its receipt. The tenancy statement shall acknowledge that this agreement is unmodified and in full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (i) shall be deemed Tenant's acknowledgment that the tenancy statement is true and correct, and may be relied upon by a prospective lender or purchaser; and (ii) may be treated by Landlord as a material breach of this agreement. Tenant shall also prepare, execute, and deliver to Landlord any financial statement (which will be held in confidence) reasonably requested by a prospective lender or buyer. 31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's interest shall be substituted as Landlord under this agreement. Landlord will be released of any further obligation to Tenant regarding the security deposit, only if the security deposit is returned to Tenant upon such transfer, or if the security deposit is actually transferred to the transferee. For all other obligations under this agreement, Landlord is released of any further liability to Tenant, upon Landlord's transfer. 32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first mortgage subsequently placed upon the real property of which the Premises are a part, and to any advances made on the security of the Premises, and to all renewals, modifications, consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered into after execution of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant pays the Rent and observes and performs all of the provisions of this agreement, unless this agreement is otherwise terminated pursuant to its terms. If any mortgagee, trustee, or ground lessor elects to have this agreement placed in a security position prior to the lien of a mortgage, deed of trust, or ground lease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust, or ground lease, or the date of recording. 33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's financial documents and rental application are accurate. Tenant authorizes Landlord and Broker(s) to obtain Tenant's credit report at time of application and periodically during tenancy in connection with approval, modification, or enforcement of this agreement. Landlord may cancel this agreement: (i) before occupancy begins, upon disapproval of the credit report(s); or (ii) at any time, upon discovering that information in Tenant's application is false. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency, if Tenant fails to pay Rent or comply with any other obligation under this agreement. 34. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS: Land lord states that the Premises O has , or ~ has not been inspected by a Cert ified Access Specialist. If so, Landl ord states that the Pre mises O has, or ~ has not been determined to meet all ap plicable construction- related accessibility standards pursuant to Civil Code Section 55.53. 35. DISPUTE RESOLUTION: A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim arising between them out of this agreement, or any resulting transaction, before resorting to arbitration or court action, subject to paragraph 358(2) below. Paragraphs 358(2) and (3) apply whether or not the arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties involved. If for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES \NHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. 8. ARBITRATION OF DISPUTES: (1) Tenant and Landlord agree that any dispute or claim in Law or equity arising between them out of this agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration, including and subject to paragraphs 358(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of real estate transactional law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with Part 111, Title 9 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from Mediation and Arbitration hereunder: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court; and (v) an action for bodily injury or wrongful death, or for latent or patent defects to which Code of Civil Procedure §337.1 or §337.15 applies. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a violation of the mediation and arbitration provisions. (3) BROKERS: Tenant and Landlord agree to mediate and arbitrate disputes or claims involving either or both Brokers, provided either or both Brokers shall have agreed to such mediation or arbitration, prior to, or within a reasonable time after the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate in mediation or arbitration shall not result in Brokers being deemed parties to the agreement. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Landlord's Initials Tena nt' Landlord's Initials Tenant's Initials CL REVISED 12/15 (PAGE 4 OF 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 4 OF 6) Produced with Lone WolfTransactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www .lwolf.com Gettysbul'g Lease DocuSign Envelope ID: D63AAC57-ECAC-4 762-976D-37B4294615D3 Premises : 1610 E Gettysburg Ave, Fresno , CA 93704 Date November 30, 2020 36. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely responsible for the performance of all obligations of Tenant under this agreement, jointly with every other Tenant, and individually, whether or not in possession. 37. NOTICE: Notices may be served by mail, facsimile, or courier at the following address or location, or at any other location subsequently designated: Landlord: RKW Homes Inc . Tenant: """'c-'-,e"'s'""'c'""e""'n"'"t --=C--=o'-"s""'m"'o'""'s"-L=L=C-=---------------- 1524 Shaw Ave -'-1~61~0~E~G~e=tt_.y~s =b=ur:=g~A~ve=----------------- Clovis CA 93611 -'-F~re--=s=n~o~C=A~9~37~0~4~---------------- Notice is deemed effective upon the earliest of the following: (i) personal receipt by either party or their agent; (ii) written acknowledgement of notice; or (iii) 5 days after mailing notice to such location by first class mail, postage pre-paid. 38. WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same breach or a waiver of any subsequent breach. 39. INDEMNIFICATION: Tenant shall indemnify, defend and hold Landlord harmless from all claims, disputes, litigation, judgments and attorney fees arising out of Tenant's use of the Premises. 40. OTHER TERMS AND CONDITIONS/SUPPLEMENTS: The following ATTACHED supplements/exhibits are incorporated in this agreement: D Option A greement I C.AR. Fo rm QA) 41. ATTORNEY FEES: In any action or proceeding arising out of this agreement, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees and costs from the non-prevailing Landlord or Tenant, except as provided in paragraph 35A. 42. ENTIRE CONTRACT: Time is of the essence. All prior agreements between Landlord and Tenant are incorporated in this agreement, which constitutes the entire contract. It is intended as a final expression of the parties' agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this agreement. Any provision of this agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this agreement. This agreement shall be binding upon, and inure to the benefit of, the heirs, assignees and successors to the parties. 43. BROKERAGE: Landlord and Tenant shall each pay to Broker(s) the fee agreed to, if any, in a separate written agreement. Neither Tenant nor Landlord has utilized the services of, or for any other reason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as named in this agreement, in connection with any act relating to the Premises, including, but not limited to, inquiries, introductions, consultations, and negotiations leading to this agreement. Tenant and Landlord each agree to indemnify, defend and hold harmless the other, and the Brokers specified herein, and their agents, from and against any costs, expenses, or liability for compensation claimed inconsistent with the warranty and representation in this paragraph 43. 44. AGENCY CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent: No A net (Print Firm Name) is the agent of (check one): D the Landlord exclusively; or both the Tenant and Landlord. Selling Agent: No A ent (Print Firm Name) (if not same as Listing Agent) is the agent of (check one): D the Tenant excl us ive ly ; or the Landlor d exclusive ly ; or bo th the Tenant and Landlord. Real Estate Brokers are not parties to the agreement between Tenant and Landlord. Landlord's Initials Tenant's Initials CL REVISED 12/15 (PAGE 5 OF 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 5 OF 6) Produced with Lone WolfTransactions (zipForm Edition) 231 Shearson Cr Cambridge, Ontario, Canada NH 1J5 www.l wolf.com Gettysbul'g Lease DocuSign Envelope ID: D63AAC57-ECAC-4762-976D-37B4294615D3 Premises: 1610 E Gettysburg Ave, Fresno , CA 93704 Date November 30, 2020 Landlord and Tenant acknowledge and agree that Brokers: (i) do not guarantee the condition of the Premises; (ii) cannot verify representations made by others; (iii) will not verify zoning and land use restrictions; (iv) cannot provide legal or tax advice; (v) will not provide other advice or information that exceeds the knowledge, education or experience required to obtain a real estate license. Furthermore, if Brokers are not also acting as Landlord in this agreement, Brokers: (vi) do not decide what rental rate a Tenant should pay or Landlord should accept; and (vii) do not decide upon the length or other terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance, and other desired assistance from appro JttfaJ;lJ~ressionals. Tenant Crescent Cosmos LLC (Print name) Address 161 E,JAAt ... ~ .. Ji,.. 1 b~u~'-9~A~v~e;..._ _____________ City Fresno Tenant ~Gbtl-~ vlll,\, ~~V1A, Crescent Cosmos LLC (Print name) Address 1610 E Ge Ave City Fresno Date 11/30/2020 State -=C.::..:Ac...__ Zip 93704-3409 Date 11/30/2020 State -=C~A~_ Zip 93704-3409 LJ GUARANTEE: In consideration of the execution of this Agreement by and between Landlord and Tenant and for valuable consideration, receipt of which is hereby acknowledged, the undersigned ("Guarantor'') does hereby: (i) guarantee unconditionally to Landlord and Landlord's agents, successors and assigns, the prompt payment of Rent or other sums that become due pursuant to this Agreement, including any and all court costs and attorney fees included in enforcing the Agreement; (ii) consent to any changes, modifications or alterations of any term in this Agreement agreed to by Landlord and Tenant; and (iii) waive any right to require Landlord and/or Landlord's agents to proceed against Tenant for any default occurring under this Agreement before seeking to enforce this Guarantee. Guarantor (Print Name)------------------------------------------ Guarantor __________________________________ Date __________ _ Address ____________________ City ______________ State ____ Zip ____ _ Telephone ___________ Fax ___________ E-mail ____________________ _ l••dlo,d ~V.1/Wt the p~;,9 •• the obo¥e term, ••• co•dWo••· Landlord ~Lt, Wilk.il,\,S Date 11/30/2020 ------------------------------------!fl 'd ?2tl g! n t with authority to enter into this agreement) RKW Homes, Inc. Address 1524 Shaw Ave City ~C~to~v~i~s ___________ State CA Zip 93611-4028 Landlord --------------------------------------Date __________ _ (owner or agent With authority to enter into this agreement) Address _______________________ City ______________ State ____ Zip ____ _ Agency relationships are confirmed as above. Real estate brokers who are not also Landlord in this agreement are not a party to the agreement between Landlord and Tenant. Real Estate Broker (Leasing Firm) _N_o_A_g~e_n_t _________________________ _ DRE Lie.# By (Agent) ____________________ _ DRE Lie.# Date Address ______________________ _ City State Zip Telephone ___________ Fax __________ _ E-mail Real Estate Broker (Listing Firm) c.cN-=o-'A~g"'n""e=-:t'---------------------DRE Lie.# By (Agent) ____________________ _ DRE Lie.# Date Address ______________________ _ City State Zip Telephone ___________ Fax __________ _ E-mail © 2015, California Association of REAL TORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. l j Published and Distributed by: ' REAL ESTATE BUSINESS SERVICES, LLC. • a subsidiary of the California Association of REAL TORS® c 525 South Virgil Avenue, Los Angeles, California 90020 CL REVISED 12/15 (PAGE 6 OF 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 6 OF 6) Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearsan Cr Cambridge, Ontana, Canada N1T 1J5 www.lwalf,cam Gettysburg Lease ~ --..... .....,., DocuSign Envelope ID : D63AAC57-ECAC-4 762-976D-37B4294615D3 CALIFORNIA ASSOCIATION OF REALTORS 1<: COMMERCIAL LEASE CONSTRUCTION ACCESSIBILITY ADDENDUM (C.A.R. Form CLCA, 11/16) This is an addendum to the Commercial Lease Agreement (lease) dated ------"N..;;_o.;;_v.:....e;;.;m=b....:;e.:....r ....:;3..;;_0,_, =20-"'2=0;;...._ ____ _ in which RKW Homes Inc. is referred to as "Landlord" and Crescent Cosmos LLC, Crescent Cosmos LLC is referred to as "Tenant". Paragraph 34 of the lease is deleted in its entirety and replaced by the following; Paragraph 34. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS: A. Landlord states that the Premises D have, or ~ have not been inspected by a Certified Access Specialist (CASp). B. If the Premises have been inspected by a CASp , OR OR (1) Landlord states that the Premises D have, or D have not been determined to meet all applicable construction-related accessibility standards pursuant to Civil Code Section 55 .53 . Landlord shall provide Tenant a copy of the report gepared by the CASp (and, if applicable a copy of the disability access inspection certificate) as specified below. (2) LJ (i) Tenant has received a copy of the report at least 48 hours before executing this lease. Tenant has no right to rescind the lease based upon information contained in the report. D (ii) Tenant has received a copy of the report prior to, but no more than, 48 hours before, executing this lease. Based upon information contained in the report, Tenant has 72 hours after execution of this lease to rescind it. 0 (iii) Tenant has not received a copy of the report prepared by the CASp prior to execution of this lease . Landlord shall provide a copy of the report prepared by the CASp (and, if applicable a copy of the disability access inspection certificate) within 7 days after execution of this lease. Tenant shall have up to 3 days thereafter to rescind the lease based upon information in the report. C. If the Premises have not been inspected by a CASp or a certificate was not issued by the CASp who conducted the inspection , "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection , the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." D. Notwithstanding anything to the contrary in paragraph 17 , 18, 19 or elsewhere in the lease, any repairs or modifications necessary to correct violations of construction related accessibility standards to the Premises are the responsibility ot;~•~Landlord , 0 Other ____________ . Tenant (Signature)~ IJJi!kuA,S Date ll/3o1 2 o2 o 12565CA244C:: ----------- Tenant (Print nam ~!f>!CM'tr-Cosmos LLC . 'Su# JJw., V.w... f\-oV\,\., 11;30;2020 Tenant (Signature) Date "=="""'E""2i!"'B8""C""·f4""1la4"'9,...A.:-., --------------------- Tenant (Print name) f'r.r.~G_osmos LLC Landlord (Signature)~"===c,=1,..,,""'B~,-.,~ .... ~....,~~,..,, 98 .--~ ____________________ Date ll/30/2020 Landlord (Print name) _R_K_W_H_o_m_e_s~l_n_c. ____________________________ _ Landlord (Signature) ________________________ Date _________ _ Landlord (Print name) __________________________________ _ © 2016-2019 , California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats . THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION . A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS . IF YOU DESIRE LEGAL OR TAX ADVICE , CONSULT AN APPROPRIATE PROFESSIONAL . This form is made available to real esta te profess ionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®, REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics . lJ Published and Distributed by : REAL ESTATE BUSINESS SERVICES, LLC . a subsidiary of the CALIFORNIA ASSOC/A TION OF REAL TORS ® 525 South Virgil Avenue, Los Angeles, California 90020 CLCA REVISED 11/16 (PAGE 1 OF 1) I Reviewed by __ COMMERCIAL LEASE CONSTRUCTION ACCESSIBILITY ADDENDUM CLCA PAGE 1 OF 1 Universal Lending & Real Estale, 1522 Shaw Ave Clovis CA 93611 Phone: 559-298-0180 Fax: 559-298-0184 Kyle wmons Produced wilh Lone Wolf Transactions (ZipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1 J5 www.lwolf.com Gel tysburg Lease INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FOR COMMERCIAL CANNABIS BUSINESS PERMIT APPLICATION To the fullest extent permitted by law, the City of Fresno (City) shall not assume any liability whatsoever with respect to having issued a commercial cannabis business permit pursuant to Fresno Municipal Code Section. 9-3333 or otherwise approving the operation of any commercial cannabis business or cannabis retail business. In consideration for the submittal of an application for a commercial cannabis business permit application and/or issuance of a cannabis business permit, and to the furthest extent allowed by law, Applicant does hereby agree to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Applicant or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of the issuance of a cannabis business permit. Applicant’s obligations under the preceding sentence shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. Applicant must, at the time of permit issuance, maintain insurance at coverage limits and with conditions thereon determined necessary and appropriate from time to time by the City Manager. Applicant shall conduct all defense at his/her/its sole cost. The fact that insurance is obtained by Applicant shall not be deemed to release or diminish the liability of Applicant, including, without limitation, liability assum ed under this Agreement. The duty to indemnify shall apply to all claims regardless of whether any insurance policies are applicable. The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend exists regardless of any ultimate liability of Applicant. The policy limits do not act as a limitation upon the amount of defense and/or indemnification to be provided by Applicant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Applicant, its officials, officers, employees, agents, volunteers or invitees. City shall be reimbursed for all costs and expenses, including but not limited to legal fees and costs and court costs, which the city may be required to pay as a result of any legal challenge related to the city's approval of the applicant's commercial cannabis business permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder. This Indemnification and Hold Harmless Agreement shall survive the expiration or termination of the Application and/or Permit. The undersigned acknowledges that he/she (i) has read and fully understands the content of this Indemnification and Hold Harmless Agreement; (ii) is aware that this is a contract between the City and Applicant; (iii) has had the opportunity to consult with his/her attorney, in his/her discretion; (iv) is fully aware of the legal consequences of signing this document; and (v) is the Applicant or his/her/its authorized signatory. Signed on this day of 2020. Applicant Signature City Employee Signature Print Name and Company Name Print Name Address Title Telephone Number Telephone Number 2nd December Kyle Wilkins, Crescent Cosmos LLC DocuSign Envelope ID: 97A68862-1781-44EC-A6C8-6C3FB7C17D06 559-285-4841 1522 Shaw Ave, Clovis, CA 93611 LLC-12 Secretary of State Statement of Information (Limited Liability Company) IMPORTANT — Read instructions before completing this form. Filing Fee – $20.00 Copy Fees – First page $1.00; each attachment page $0.50; Certification Fee - $5.00 plus copy fees This Space For Office Use Only 1. Limited Liability Company Name (Enter the exact name of the LLC. If you registered in California using an alternate name, see instructions.) 2. 12-Digit Secretary of State File Number 3. State, Foreign Country or Place of Organization (only if formed outside of California) 4. Business Addresses a. Street Address of Principal Office - Do not list a P.O. Box City (no abbreviations) State Zip Code b. Mailing Address of LLC, if different than item 4a City (no abbreviations) State Zip Code CA _____________________ Date ____________________________________________________________ Type or Print Name of Person Completing the Form _________________________ Title __________________________________ Signature c. Street Address of California Office, if Item 4a is not in California - Do not list a P.O. Box City (no abbreviations) State Zip Code If no managers have been appointed or elected, provide the name and address of each member. At least one name and address must be listed. If the manager/member is an individual, complete Items 5a and 5c (leave Item 5b blank). If the manager/member is an entity, complete Items 5b and 5c (leave Item 5a blank). Note: The LLC cannot serve as its own manager or member. If the LLC has additional managers/members, enter the name(s) and addresses on Form LLC-12A (see instructions). 5. Manager(s) or Member(s) a. First Name, if an individual - Do not complete Item 5b Middle Name Last Name Suffix b. Entity Name - Do not complete Item 5a c. Address City (no abbreviations) State Zip Code 6. Service of Process (Must provide either Individual OR Corporation.) INDIVIDUAL – Complete Items 6a and 6b only. Must include agent’s full name and California street address. a. California Agent's First Name (if agent is not a corporation) Middle Name Last Name Suffix b. Street Address (if agent is not a corporation) -Do not enter a P.O. Box City (no abbreviations) State CA Zip Code CORPORATION – Complete Item 6c only. Only include the name of the registered agent Corporation. c. California Registered Corporate Agent’s Name (if agent is a corporation) – Do not complete Item 6a or 6b 7. Type of Business a. Describe the type of business or services of the Limited Liability Company 8. Chief Executive Officer, if elected or appointed a. First Name Middle Name Last Name Suffix b. Address City (no abbreviations) State Zip Code 9. The Information contained herein, including any attachments, is true and correct. Return Address (Optional) (For communication from the Secretary of State related to this document, or if purchasing a copy of the filed document enter the name of a person or company and the mailing address. This information will become public when filed. SEE INSTRUCTIONS BEFORE COMPLETING.) Name: Company: Address: City/State/Zip: LLC-12 (REV 01/2017) 2017 California Secretary of State www.sos.ca.gov/business/be 20-E79792 FILED In the office of the Secretary of State of the State of California NOV 30, 2020 CRESCENT COSMOS LLC 202030410518 CALIFORNIA 93611 CA 93611 93611 CA1524 Shaw Ave Clovis 1524 Shaw Ave Clovis 1524 Shaw Ave Clovis Wilkins Clovis 1524 Shaw Ave Clovis 93611 Kyle James 1524 Shaw Ave 93611 CA WilkinsJamesKyle Jam Wilkins Clovis Retail Sales Kyle 1524 Shaw Ave CA 93611 11/30/2020 Kyle James Wilkins Owner Page 1 of 2 I I I I I I I I LLC-12A -Attachment (EST 07/2016) 2016 California Secretary of State www.sos.ca.gov/business/be Attachment to Statement of Information (Limited Liability Company) LLC-12A Attachment This Space For Office Use Only A. Limited Liability Company Name B.12-Digit Secretary of State File Number C. State or Place of Organization (only if formed outside of California) D. List of Additional Manager(s) or Member(s) -If the manager/member is an individual, enter the individual’s name and address. If the manager/member is an entity, enter the entity’s name and address. Note: The LLC cannot serve as its own manager or member. First Name Middle Name Last Name Suffix Entity Name Address City (no abbreviations) State Zip Code First Name Middle Name Last Name Suffix Entity Name Address City (no abbreviations) State Zip Code First Name Middle Name Last Name Suffix Entity Name Address City (no abbreviations) State Zip Code First Name Middle Name Last Name Suffix Entity Name Address City (no abbreviations) State Zip Code First Name Middle Name Last Name Suffix Entity Name Address City (no abbreviations) State Zip Code First Name Middle Name Last Name Suffix Entity Name Address City (no abbreviations) State Zip Code First Name Middle Name Last Name Suffix Entity Name Address City (no abbreviations) State Zip Code 20-E79792 CRESCENT COSMOS LLC 202030410518 CALIFORNIA Scott John Van Horn 1524 Shaw Ave Clovis CA 93611 Page 2 of 2 ' I I - I -' - l I - I I I - ' I ' J I I l -~ I I l I ~ - I I I ~ I J I I J I I ' ~ ' I I ' -l I -l ' I I I I J California Secretary of State Electronic Filing LLC Registration -Articles of Organization Entity Name: Crescent Cosmos LLC Entity (File) Number: 202030410518 File Date: 10/28/2020 Entity Type: Domestic LLC Jurisdiction: California Detailed Filing Information 1 . Entity Name: 2 . BusinessAddresses: a . Initial Street Address of Designated Office in California : b. Initial Mailing Address : 3. Agent for Service of Process: 4. Management Structure: Crescent Cosmos LLC 1524 Shaw Avenue Clovis, California 93611 United States 1524 Shaw Avenue Clovis, California 93611 United States Kyle J Wilkins 1524 Shaw Avenue Clovis California 93611 United States More than One Manager Secretary of State State of California 5. Purpose Statement: The purpose of the limited liability company is to engage in any lawful act or activity for which a limited liability company may be organized under the California Revised Uniform Limited Liability Company Act. Electronic Signature: The organizer affirms the information contained herein is true and correct. Organizer: By: Cheyenne Moseley , Assistant Secretary of Legalzoom.com, Inc . Use bizfile.sos.ca .gov for on line filings , searches, business records, and resources . December 2, 2020 1522 Shaw Ave, Clovis, CA 93611 - (559) 285-4841 DocuSign Envelope ID: 97A68862-1781-44EC-A6C8-6C3FB7C17D06 ~I~ I OWNERSHIP ACKNOWLEDGEMENT FORM FOR COMMERCIAL CANNABIS BUSINESS PERMIT APPLICATION It is the intent of the City of Fresno to promote equitable ownership and employment opportunities in the cannabis industry to decrease the disparities in life outcomes for marginalized communities and to provide opportunities for local residents to compete for cannabis business permits. Therefore, this notice is to clarify the eligibility requirements in order to receive qualification as a Social Equity Applicant or points for Local Preference by establishing this acknowledgement to provide additional protections to mitigate against potential predatory practices. In order to qualify as a social equity applicant, or for the full points relating to the local preference criteria, the business entity must have ownership that meets the respective eligibility factors and hold at least 51% ownership interest. The social equity eligibility requirements are identified in FMC section 9-3316(b)(6), while the local preference criteria is identified in FMC 9- 3317(a) and the application evaluation criteria 2.5 (Appendix A). This majority interest can be made up of a single individual that meets this criteria, or any combination of individuals that hold at least 20% interest individually and meet the definition of an owner in FMC 9-33040). The cannabis social equity permits, and the local preference criteria are intended for the benefit of the Social Equity or Local Preference Individual Applicants related to business profits, proceeds of the sale of business assets, voting rights and additional protections. This also requires the Social Equity or Local Preference Owner to receive the Equity Share percent of the retained earnings and 100 percent of the unencumbered value of each share of stock, member interest or partnership interest owned in the event of the dissolution of the entity to their equity share, or 100 percent of the value of each of stock, member interest or partnership interest in the event that the stock, member interest or partnership interest is sold. Chief among the concepts of equity share, is unconditional ownership which means such individual(s) will receive equal profits, and distributions or other payments proportionate to their ownership interests. This is intended to ensure true ownership by the Social Equity or Local Preference Individual Applicant and as such, prohibits the divestment or relinquishment of any part of their ownership under any circumstance. In addition, the Equity Share is also expanded to address voting rights on fundamental decisions relating to the business and control of at least the equity share percent of the voting rights on all decisions involving the operation of the business. Furthermore, it requires the Social Equity or Local Preference Individual owner be the highest officer position of the business or that another individual is appointed to that position by mutual agreement of the parties. This requirement is also subject to being audited to assess compliance and the Social Equity or Local Preference Owner can initiate legal action due to a breach of contract agreement, and the City may suspend and/or revoke a license if any provision in an operating agreement violates any of the Equity Share or Local Preference requirements. Lastly, all applicants will be required to incorporate an addendum into their operating agreements that makes any provision ineffective, unenforceable, null and void, if it is inconsistent with, or in violation of, the Equity Share requirements. As proposed, Social Equity Applicants or Local Preference Applicants will be required to verify under Section 9-3316(b)(6), 9-3317(a), and Criteria 2.5 of appendix A that they meet the definition of a Social Equity or Local Preference Owner at the time of applying for a permit or permit renewal. The City shall have the sole and absolute discretion to determine whether the Applicant qualifies as a Social Equity Applicant and the number of points for Local Preference. The undersigned acknowledges that he/she has read and fully understands the content of this Agreement and is the Applicant or his/her/its authorized signatory. Ckt:~!-.!"lnel~we,4.;·:IA,~S---------- Applicant Signature Date Signed Kyle Wilkins Owner Print Name Title Crescent Cosmos LLC Company Name Address/Telephone PLANNING AND DEVELOPMENT DEPARTMENT Jennifer K. Clark, AICP, Director Please reply to: Rob Holt (559) 621-8056 2600 Fresno Street • Third Floor Fresno, California 93721-3604 (559) 621-8277 FAX (559) 498-1026 November 19, 2020 Juda Rafael Crescent Cosmos LLC 575 Anton Blvd, Ste 750 Costa Mesa, CA 92626 Dear Applicant: SUBJECT: ZONING INQUIRY NUMBER P20-04014 REQUESTING INFORMATION REGARDING CANNABIS RETAIL FOR PROPERTY LOCATED AT 1610 EAST GETTYSBURG AVENUE (APN 426-092-21) Thank you for your inquiry regarding the allowance of new cannabis retail uses. The requested information about cannabis retail uses was analyzed using Article 27, Chapter 15 of the Fresno Municipal Code (FMC) of the City of Fresno. Please note, all research for this inquiry is based on existing land development of the subject property. If there are multiple buildings on the subject property, this research was based on the address provided in the request. This research does not take into effect of future development unless provided in your application request. With that, research of a proposed cannabis retail business on the subject property conveys the following: 1.All cannabis retail businesses must be located on property zoned DTN (Downtown Neighborhood), DTG (Downtown General), CMS (Commercial Main Street), CC (Commercial Community), CR (Commercial Regional), CG (Commercial General), CH (Commercial Highway), NMX (Neighborhood Mixed-Use), CMX (Corridor/Center Mixed- Use), RMX (Regional Mixed-Use), and must meet all of the requirements for development in these zones, including, but not limited to, parking, lighting, building materials, etc. The subject property is zoned CMX , which is one of the allowable zone districts for cannabis retail businesses. Development standards of the CMX zone district are available in Sections 15-1103, 15-1104, and 15-1105 of the FMC. The subject location meets the zone district requirement, per Section 15-2739.B.1.a of the FMC, for a cannabis retail business. 2.All building(s) in which a cannabis retail business is located shall be no closer than 800 feet from any property boundary containing the following: (1) A cannabis retail business; (2) A school providing instruction for any grades pre-school through 12 (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12); (3) A day care center licensed by the state Department of Social Services that is in existence at the time a complete commercial cannabis business permit application is submitted; and, (4) A youth center that is in existence at the time a complete commercial cannabis business permit is submitted. Zoning Inquiry P20-04014 1610 East Gettysburg Avenue Page 2 November 19, 2020 The subject property is not located within 800 feet of the property boundary of any of the above-mentioned uses. The subject building meets the separation requirements, per Section 15-2739.B.1.b of the FMC, for a cannabis retail business. 3. Prior to commencing operations, a cannabis retail business must obtain a Cannabis Conditional Use Permit from the Planning and Development Department per Section 15- 2739.N of the FMC. 4. No more than 2 cannabis retail businesses may be located in any one Council District. If more than 14 are ever authorized by Council (more than 2 per Council District), they shall be dispersed evenly by Council District. The subject property is in Council District 7. There are currently no cannabis retail businesses located in Council District 7. This location requirement is satisfied for a cannabis retail business. Please review the entirety of Article 33, Chapter 9 (Cannabis Retail Business and Commercial Cannabis), and Section 15-2739 (Adult Use and Medicinal Cannabis Retail Business and Commercial Cannabis Business) of the FMC to understand other requirements of cannabis retail businesses, including but not limited to, application requirements, signage, etc. This information was researched by the undersigned per the zoning request. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon, or relates to, the information supplied by the requestor. The City of Fresno assumes no liability for errors and omissions. All information was obtained from public records held by the Planning and Development Department. A copy of the Fresno Municipal Code may be obtained by contacting the City Clerk’s office at 559-621-7650. The Fresno Municipal Code may also be searched on the Internet, free of charge, by going to www.fresno.gov. If you have questions regarding this matter, please contact me by telephone at 559-621-8056 or at Robert.Holt@fresno.gov. Cordially, Rob Holt, Planner III Development Services Division Planning and Development Department 1 Crescent Brand Crescent is the creation of two experienced business leaders, Scott John (“SJ”) Van Horn and Kyle Wilkins, who combined their talents to develop a creative and successful brand that will deliver exceptional customer service and safe cannabis products to the Fresno community. To ensure their success in this new venture, this pair of established Fresno local residents and entre- preneurs have contracted with cannabis experts and consultants to guide them through the industry-specific regulatory process for forming a homegrown cannabis venture in the City of Fresno. As a small business with deep roots in the City of Fresno, Crescent is the ideal applicant to establish a trusted and respected image of the cannabis industry. The combined experience of our ownership team yields a sum greater than its parts, positioning Crescent to offer Fresno an advantageous, long-lasting relationship. Each owner has a strong history of building businesses and partnering with the local community in their ventures. With 100% of the enterprise’s equity held by local Fresno residents, Crescent will create new economic opportunities, generate meaningful tax revenue for the City, and operate in a manner aligned with, and always striving to exceed, community expectations. Crescent’s philosophy is guided by our three core values: community giving, local entrepreneurism, and a personalized, holistic customer experience. Just as the crescent symbol signifies changing lunar phases, Crescent hopes to transform local perception of the cannabis industry by offering a safe, secure and educational purchasing experience for every customer that comes through our doors. Crescent is committed to working in partnership with the City of Fresno, collaborating in a mutually beneficial manner that enables both to grow together. Owner SJ Van Horn started his first business in Fresno in 1995 and has been a resident of Fresno since November 2018. He has consistently donated to vari- ous groups that serve the local community, including Clovis Little League and Habitat for Humanity. Additionally, Mr. Van Horn donates at least 300 pounds of food to the Valley Food Bank every six months. His strong sense of commu- nity giving permeates throughout his business ventures. In 2019, he founded the first and only cannabidiol (CBD) center in Fresno. Consistent with Mr. Van Horn’s sense of community, he prioritizes community education by regularly engaging in personalized one-on-one consultations with members of the public to answer their questions about how CBD can positively impact their lives. Moreover, he offers a membership program to the members of the local com- munity, with discounts for veterans. Mr. Van Horn is also renowned for his human resources and workforce development skills, having authored a manual for hiring and training staff at medical distribution companies that has been nation-wide. Mr. Van Horn’s experience in operating cannabis-related ventures in Fresno, coupled with his community-oriented approach, adds to Applicant’s strong ownership qualifications. SJ Van Horn 2 Owner Kyle Wilkins is a fourth-generation raisin farmer and local entrepreneur who specializes in restoring dilapidated properties and finding homes for first- time homeowners. Born and raised in nearby Selma, he found opportunity in Fresno County. Mr. Wilkins founded his real estate company, Universal Lend- ing and Real Estate, in Fresno County in 2007, and was able to marshal his business through the worst of the 2008 recession by adapting to the changing economic landscape. Universal Lending and Real Estate currently employees approximately 50 realtors and 11 loan officers and support staff. Mr. Wilkins has always stayed true to his roots and counts many Valley farmers among his satisfied customers. Committed to positively impacting his local community, Mr. Wilkins opened Poke Bowl Express in 2017 to offer an accessible, healthy dining option to the developing yet currently underserved Sunnyside area of the City of Fresno. The business employs a staff of 10. In addition to his long ca- reer providing support to underserved communities, he is also an active sponsor of and donor to the Valley Children’s Hospital La Visionaria Guild, Cause for Paws Animal Rescue and the Saint Agnes Men’s Club. Unlike larger corporate applicants, Crescent is an authentic homegrown enterprise that best understands how to serve the Fresno community. Crescent understands the community’s needs and will work to foster a mutually supportive relationship with the surrounding community. As such, our team is uniquely positioned to combine industry expertise with local insight and offer the City an opportunity to prosper with our business and grow together. Kyle Wilkins 7 1.2 BUDGET Applicant’s budget and pro forma has been prepared by CPA Jessica Velazquez who is the Managing Partner of Indiva Advisors LLP, a full-service CPA firm for cannabis and hemp businesses with over 18 years of combined experience. She brings with her a wide array of expe- rience, working with closely held businesses as well as publicly traded multinationals, across a variety of industries such as gaming, retail, and manufacturing. Ms. Velazquez is an accomplished accountant having worked for public accounting firms PricewaterhouseCoopers and Ernst & Young, as well as Zappos.com. Startup Costs INDIV~ ADVISORS LLP CPAs & CONSULTANTS 8 SECTION1: BUSINESS PLAN 1.3 PROOF OF CAPITALIZATION Applicant’s opening and operations will be funded by the cash on hand of Applicant’s owner Kyle Wilkins, who currently has cash on hand. Applicant’s cash on hand exceeds the projected startup costs and costs of the first one and half’s months of operation, ensuring enough liquidity to sufficiently capitalize Applicant’s costs. Applicant will not need to rely on outside investors and other third-party financing. Proof of Funds Below are bank accounts associated with owner Kyle Wilkins 10 SECTION1: BUSINESS PLAN 1.4 - 3-YEAR PRO FORMA Applicant’s pro forma is based on several assumptions regarding Fresno County’s marijuana usage rates, pop- ulation size, and median household income. According to the National Survey on Drug Use and Health, Fresno County has a reported 30-day usage rate of 10.62% , which Applicant increased to 11% to account for potential under-reporting bias. Additionally, the US census’ latest figures indicate that Fresno County’s population size is 1,010,120 with a median household income of $51,261. Applicant anticipates approximately 140 customers per day, with a average customer ticket of per customer visit. 12 SECTION1: BUSINESS PLAN Balance Sheet 14 1.5 HOURS OF OPERATION AND OPENING AND CLOSING PROCEDURES Hours of Operation and Opening Procedures Applicant understands the importance of being a respectful and conscientious member of the community. Ap- plicant will only operate during the hours permitted and will ensure that its procedures limit after-hours activity occurring at Applicant’s premises. Applicant will operate its retail dispensary between the hours of 6:00 a.m. PST and 10:00 p.m. PST. 16 California Code of Regulations (“CCR”) § 5403; Fresno Municipal Code (“FMC”) § 9-3310. Applicant’s hours of operation will be conspicuously posted at the entrance to and exterior of Applicant’s building. To ensure that Applicant maintains a cordial relationship with its neighbors, Applicant will not operate its store- front outside of the hours specified by the city in its commercial cannabis business permit. Applicant’s last call for sales will occur at 9:45 p.m. to ensure that all customers have been served by the dispensary’s 10:00 p.m. closing. Any change to Applicant’s hours of operation will need to be approved by management, who will ensure that the hours remain between 6:00 a.m. PST and 10:00 p.m. PST. 16 CCR § 5403; FMC § 9-3310(a)(1). Nonbusiness Hours Outside of its hours of operation, Applicant will restrict entry into the premises to authorized employees and con- tractors with a legitimate business purpose to enter the premises. 16 CCR 5403.1. To prevent unauthorized access onto the premises when the dispensary is closed during non-business hours: (i) the premises will be securely locked with commercial-grade locks; (ii) the premises will be equipped with an active alarm system; (iii) cannabis goods and currency will be securely stored; (iv) only authorized personnel with a legitimate business purpose will be allowed to enter the premises; and (v) the premises will be monitored by an armed night-shift security guard. 16 CCR § 5403.1. Opening and Closing Procedures Applicant has tailored its opening and closing procedures with an eye towards safety and security. As such, Ap- plicant will require at least two employees to perform the checklists described below while in the presence of security personnel. Opening Procedures To ensure customers have a welcoming and secure shopping experience, Applicant will implement exhaustive opening procedures to be performed each day. Applicant’s employees, management, and security staff will arrive at least one hour before the dispensary opens to perform a visual inspection of the premises, looking for signs of potential unauthorized access or other criminal activity. After determining the premises is secure, employees will enter the dispensary, disarm the alarm, and execute the following checklist to prepare for opening. Applicant’s checklist procedures ensure that Applicant is able to safely open its doors every day and prepared to meet all community needs. See Fig.1. Closing Procedures Thirty minutes prior to closing, staff will announce that the dispensary is closing soon and lock the dispensary entry to prevent new customers from entering the store. While Applicant’s staff begins to shut down its POS terminals, Sales Associates will continue to assist the remaining customers. Once the customers have completed their purchases, security will proceed to assist them out of the store, one-at-a-time. After the last customer has left and all housekeeping duties have been completed, employees will conduct a final walk-through, arm the alarm system, and exit securely. Employees, along with Applicant’s security personnel, will perform the below checklist to ensure that the dispen- sary is properly secured upon closing. Further, contact information for Applicant’s owner and community rela- tions contact Kyle Wilkins, general manager, and security provider will be posted at the entrance to Applicant’s storefront to ensure any complaints that arise after hours can be promptly addressed. See Fig.2. 15 FIG. 1 DATE: □ Arrive at Applicant's premises one □ Open vault, remove cash register tills hour prior to opening Count money □ Perform visual inspection of □ Turn on HV AC system premises, if anything suspicious call a Ensure temperature is sufficient to 911 for assistance meet needs of customer comfort □ Perform walk around and note any and cannabis storage. cannabis odor or other exhaust □ Check carbon filters, confirm that permeating from premises. If they are operational and applicable, initiate immediate unobstructed. corrective procedures, and if □ Activate displays, turn on necessary contact environmental engineers to determine and non-security computers and turn on remediate the source of the ambient sound problem. □ Place display signs as needed □ Unlock door, disable alarm system, Sweep sidewalks and engage electronic buzz-in □ Initiate COVA and turn on POS system systems □ Inspect interior of Applicant's □ Check METRC for Track-and-Trace premises alerts □ Turn on lights, check sufficient □ Go over employee scheduling, lighting for security cameras staffing and breaks □ Discuss individual employee daily □ Inventory Manager will check tasks, duties, and responsibilities cannabis goods for expiration dates □ Perform final physical inspection of □ Verify operation of security system Applicant's premises a Cameras are properly angled □ Ensure all exterior doors, limited-access doors, and restrooms a DVR system is recording are properly locked and secured a (If video surveillance is □ Place "open" sign outside obstructed, contact security □ Open business for daily operations. personnel and cease all operating procedures until video surveillance can be reestablished.) Manager Signature: Security Staff Signature: 16 SECTION1: BUSINESS PLAN FIG. 2 DATE: _______ _ □ 30 minutes prior to closing, □ Dust, mop and empty trash Receptionist will notify that □ Shake down mats, sweep sidewalk Applicant's dispensary is closing, and Security will let in no further and inspect for litter customers to the reception area. □ Turn off non security computers, □ Security stationed at the exit will lighting (except those for security), let out remaining customers one and ambient sound at a time □ Turn off HV AC system, except as □ Check that there are no necessary to preserve cannabis customers loitering around the inventory premises or any surrounding □ Turn of COVA, and all POS buildings locations not already shutdown □ Place "closed" sign on dispensary □ Arm security system door □ Exit and lock doors □ Perform visual inspection to ensure that all customers have left the surrounding area Transfer all cannabis from sales floor into vault □ Remove tills from cash registers and count balances in back office □ Place all tills in vault and lock □ Settle all credit card machines □ Generate detailed batch listing, and transmit batch □ Confirm all necessary data is uploaded to METRC □ Clean and restock restrooms Manager Signature: ________ _ Security Staff Signature: _________ _ 17 1.6 DAILY OPERATIONS Applicant has contracted with consultant and compliance expert Attorney Aaron Herzberg, Esq. to develop the Standard Operating Procedures (“SOPs”) and to serve as its Director of Compliance. Mr. Herzberg provides the necessary cannabis-specific industry experience to ensure a well-run and efficient establishment. Mr. Herzberg is the mastermind behind award-winning Southern California legal dispensaries Bud & Bloom, Modern Buds, and OC3. Mr. Herzberg has a deep understanding of the regulatory frame- work surrounding cannabis and has been an active participant in developing similar regu- latory schemes in other cities, such as Long Beach, where he was a member of the City’s Medical Marijuana Task Force. He is also known for his innovative approach to increasing access to medicinal cannabis for specific populations such as seniors, veterans and seriously ill patients. Applicant’s SOPs utilize industry best practices to guide customers through a consumer-friendly and safe pur- chasing experience. These procedures are crafted to ensure only those who are legally permitted to purchase can- nabis enjoy the personalized and educational shopping experience the dispensary offers. Covid-19 Safe Operating Procedures While Applicant hopes that the worst of the pandemic is behind us, it is prepared to modify its operations to mitigate the spread of the disease. Applicant will follow the latest CDC, Cal-OSHA, and other public health guidelines to operate safely in the face of the pandemic. Modified operating procedures will include: providing masks and hand sanitizer to both employees and customers, placing social distancing placards around Applicant’s premises, limiting the number of people in the reception area, and increasing the availability of online ordering and curbside verification and pick-up. Applicant is ready and able to take precautionary measures to protect the health of customers and employees. 1.6.1 DAY-TO-DAY OPERATIONS FOR RETAIL Applicant will establish SOPs that control all aspects of its retail cannabis operations, including but not limited to the receipt, storage, handling, tracking, sales, and dispensing of cannabis and cannabis products. All SOPs will be adopted with the goal of creating a safe and compliant cannabis business that enhances customers’ cannabis purchasing experience and relationship with the surrounding community. SOPs will be composed in a manner that clearly demonstrate the intention of and rationale for each task, leaving little room for individual interpretation on the part of Applicant’s employees. All employees selected to work at Applicant will need to demonstrate sufficient problem-solving ability and situational awareness to ensure a safe and enjoyable environment no matter the circumstances encountered. Applicant will require strict adherence to its SOPs. The SOPs will provide requisite guidance to enable employees to act not only for the benefit of Applicant’s business, but also that of the community, and will do so in a comprehensive manner that outlines every aspect of our highly regulated business in a digestible way. Covid-19 Precautionary Measures: Aaron Herzberg, Esq. I 18 SOPs will be stored in both paper and digital format and will be updated regularly as required. Each position will have a job description that outlines all associated SOPs that must be followed to perform that position’s duties and describes how the position is incorporated into the operation at large. Employees will be promptly made aware of any and all amendments to the SOPs and given ample opportunity to inquire about any updates in practice. 1.6.1 (i). CUSTOMER CHECK-IN PROCEDURES Customer Check-In and Age Verification Applicant’s customer check-in and age verification protocols are tailored to effectively ensure that only those legally able to purchase cannabis are allowed to do so while providing a pleasant experience to customers. All Ap- plicant’s customers will enter the premises through the same lobby. Before accessing the retail area, Applicant’s staff will promptly verify each customer’s age and identity by requiring customers to present government-issued identification. Acceptable forms of identification include United States-issued driver’s licenses or identification cards, domestic and international passports, and United States passport cards. Medical patients will be required to show a valid doctor’s recommendation and/or a Medical Marijuana Identification Card to enter the dispensary and purchase cannabis. As discussed in further detail below in Section 1.6.1(iii), Applicant will utilize COVA as its point-of-sale system. Applicant will provide each of its staff with COVA-approved tablets, which are integrated with COVA’s point of sale software. COVA’s tablets are equipped with barcode scanners, which virtually eliminate sales to minors or other individuals lacking the requisite credentials. Would-be customers who are less than 21 years old for retail sales, or less than 18 years old for medical sales, will be denied entry to the retail sales floor. Additionally, Appli- cant’s staff will be trained to spot fake identifications through visual inspection. If an employee suspects a custom- er is presenting false or misleading documentation, the employee will deny the customer access to the facility. If necessary, the manager onsite will be available to verify and review the identification presented. Applicant’s staff will be asked to reverify customers’ age, if suspicious, on the dispensary sales floor. Entry Access Control (“Buzzer”) System The entrance to Applicant’s dispensary sales floor will be locked at all times and accessible only through a strict- ly controlled buzzer system. FMC 9-3310(a)(4). Once customers have their age and identity verified, they will be “buzzed” into the dispensary sales floor by the Receptionist using Applicant’s electronic commercial locking system. The buzzer system will disengage the dispensary sales floor’s door-locking mechanism with a sound and permit only the verified customer onto the dispensary sales floor. Access to the Dispensary Sales Floor No person shall be granted access to the dispensary sales floor without first having their age and identity veri- fied by the receptionist and security staff. FMC § 9-3310(a)(3). The dispensary sales floor room will be lit well 19 enough to ensure that customers’ identities can be accurately captured by the dispensary’s security cameras. The dispensary floor will be maintained in a clean and safe manner, free from any hazards that may imperil customers or adversely affect their experience. Any conditions posing any type of hazard will be promptly remedied upon discovery. Once having their age and identity verified, customers will be granted access to the dispensary sales floor using an electronic buzzer system described above and welcomed by staff. FMC § 9-3310(a)(4). Dispensary Signage Applicant’s dispensary will feature the required signage and notices pursuant to the Fresno Municipal Code. The original copy of Applicant’s commercial cannabis business permit and business license issued by the city will be posted inside the dispensary and made readily visible to the public. FMC 9-3309(k). Applicant will ensure that legible signage is posted at the entrance of the dispensary indicating that no person under the age of twenty-one (21) years of age or eighteen (18) years of age with Medical Marijuana Identification Card is permitted to enter the premises. FMC 9-3309(i)(2). Additionally, Applicant will post clear and legible signage indicating that smoking, ingesting, or otherwise consuming cannabis or cannabis products on the premises or in the areas adjacent to the business is prohibited. FMC 9-3309(h)(3). The Shopping Experience Applicant will offer a personalized, welcoming experience to every customer that comes through its doors. As such, Applicant will always provide a one-to-one customer to employee ratio within the dispensary sales floor room to provide a personalized and educational experience. Applicant’s employees will be thoroughly trained to engage customers as cannabis experts who can guide customers to get the most out of their retail experience. Applicant will ensure that employees are trained to inquire about customer needs and educate them on proper dosages, onset times, ingestion methods, and effects. During the Covid-19 pandemic, Applicant will follow safe social distancing public health measures to mitigate the risk of transmission. The front desk Receptionist will be tasked with permitting customers onto the dispensary sales floor through the aforementioned electronic buzzer system. The receptionist will always verify that there is a retail Sales Associate available to help the customer prior to buzzing the customer onto the dispensary sales floor. While in the reception area, customers will be able to place their orders with Applicant’s staff through a tablet integrated with our POS software, COVA. The tablet displays an accurate record of product inventory gathered in real-time to ensure Applicant’s sales staff understands what is currently available for purchase. Additionally, COVA creates an individualized profile for each customer in which Applicant can maintain a record of each in- dividual’s purchase history and pertinent medical information. COVA also tracks the preferences of individual customers over time, enabling Applicant to tailor their approach based on the needs of the consumer. 20 Impaired Customers Applicant’s staff will be trained to recognize the signs and symptoms of a customer is potentially intoxicated or in need of medical assistance. Common indicators include walking without coordination, slow responses to questions, or indistinct speech. If one of Applicant’s employees notices that a customer appears to be intoxicated, that employee shall immediately report the situation to management. If consultation with management determines that the customer is intoxicated, sales staff will refuse to sell cannabis to the customer in question. Applicant re- serves the right to ask any consumer who appears to be intoxicated or is behaving in a manner that is threatening, harassing, aggressive, or causing concern to other patrons, to leave the premises. Staff will be trained in conflict management and how to handle inebriated customers using de-escalation techniques and courtesy. In the event that the customer is intoxicated but not in need of medical attention, Applicant’s staff shall assist the customer by: 1. Hydrating: The impaired customer will be encouraged to hydrate with 12-16 oz of water 2. Increase Blood Sugar: Because an impaired effect can stem from cannabis spiking blood glucose, an employee will offer the customer an electrolyte-rich beverage to raise their blood sugar 3. Safe Ride Home: If it is determined that the consumer is too intoxicated to operate a vehicle, manage- ment will contact rideshare providers, such as Uber or Lyft, to ensure safe transportation home for the consumer If a customer’s state does not improve with the above-mentioned assistance, a member of Applicant’s team will seek emergency medical assistance. Members of staff will be CPR certified and instructed to call 911 in the event of serious emergencies. Restroom Access Applicant will ensure that all restrooms remain locked and under the control of management. FMC §9-3310(a) (6). Should a customer need to use the restroom, management will unlock the restroom, which will then automat- ically lock once the customer exits. Similar procedures will be followed in the case of nonmanagerial employees needing to use the restroom. All restroom exits will be under 24-hour video surveillance. Customer Education Our goal is for each customer to enjoy a tailored experience within our dispensary and educational seminars that provide the fertile ground for employees and customers alike to forge relationships with each other and soak up exciting knowledge about our industry. Thus, Applicant’s employees will be thoroughly trained to educate customers about all aspects regarding cannabis, including its effects, potencies, and methods of consumption. Our ownership team has experience operating in CBD markets and is accustomed to educating consumers through their purchasing experience. As such, Applicant understands that its employees must be thoroughly trained to competently convey complex information to assist customers in making informed purchasing decisions. Applicant intends to serve as a resource where the local community can go to demystify the many benefits of cannabis use and the cannabis industry. Additionally, Applicant is committed to hosting monthly community educational sessions, which will allow Fresno residents to learn more about the nuances of the science and regulations surrounding cannabis. Our goal is to help minimize the historical stigma associated with cannabis use and make purchasing an enjoyable and customized experience for cannabis connoisseurs and first-time users alike. Seminars will touch on the cutting edge of the cannabis industry and provide an opportunity for our employees and speakers to show off their wealth of knowledge. Applicant expects to offer various topics including the history of cannabis regulation, personaliz- 21 ing dosing and delivery methods, the entourage effect and terpenes, and sustainable cultivation. As provided in further detail in Section 2.3, employees who engage in our educational seminars will be designated “educators” and given the opportunity to become specialists and be rewarded with bonus compensation for their insight. Community Educational Seminars Check here for our monthly events to learn more about cannabis. Personalizing Dosing and Delivery Methods If you want to learn about different delivery methods and dosing for cannabis, stop by our lecture to learn from our Cannabis experts. Date: TBD Click Here to RSVP History of Cannabis Regulation Curious about the history of Cannabis and it's regulation in the U.S.? Sit in on our seminar for this unique history lesson. Date: TBD Click Here to RSVP Cannabinoids vs. Terpenes Learn about the compounds found in cannabis and how they work together to produce the "entourage effect." Date : TBD Click Here to RSVP 22 1.6.1 (ii) INBOUND INVENTORY PROCEDURES Receiving Delivery Location Applicant’s dispensary is designed so that no cannabis products are received through the public-facing front entry. As such, Applicant will only receive deliveries through its non-public entrance in the rear of the dispensary. Ap- plicant’s rear entry will pass through a secure mantrap before leading into the secure storage room. Additionally, the dispensary’s rear entrance will be secured with commercial-grade locks, 24/7 video surveillance, and Appli- cant’s security staff. See Fig 3. Receiving Delivery Procedures Applicant’s shipment reception protocol conforms with industry-best practices to ensure an accurate, safe, and secure intake of shipment from suppliers. Applicant will schedule and coordinate deliveries at least three days in advance of a shipment to ensure adequate preparation and tracking for receipt of goods. This advanced scheduling is designed to mitigate the risk of theft at the time of shipment delivery and will be kept strictly confidential to ensure that such a goal is met. Time of delivery will be kept between Applicant’s management and distributor to ensure that only a small and trusted circle of staff is aware of the scheduled shipment. Applicant will not receive notice from the distributor about the delivery until the day that the shipment is scheduled to arrive. Deliveries will only be accepted when they are scheduled in conformance with Applicant’s practices and delivery arrives during hours of operations. Knowledge of deliveries will be confined to Applicant’s General Manager, Applicant’s Inventory Manager, and Applicant’s security guards. Applicant will require distributors to contact the security team 45 minutes prior to arrival and then again when the driver arrives at Applicant’s facility. Security will direct drivers to Applicant’s designated loading area and will remain in the driver’s presence for the duration of the driver’s time spent at Applicant’s facility. The loading area is a fenced-in area in the back of Applicant’s building attached to a secure mantrap shipment intake area that FIG. 3 FENCED-IN REAR ENTRANCE 23 ultimately leads to the secured storage area. The loading area will be monitored and recorded 24 hours a day with security cameras. From the loading area, authorized staff will be able to access the shipment intake area via a keycard. The distributor’s agent will provide Applicant’s Inventory Manager or security guard with a shipping manifest to confirm the Applicant’s license number is present on the manifest. Distributor’s agent will then sign Applicant’s delivery log which tracks the name of the distributor agent, the company the individual is delivering on behalf of, and if the agent accessed any limited-access areas during his visit. Shipment Inspection When Applicant receives a delivery, COVA automatically processes and records the information from the dis- tribution manifest. COVA will not process distribution manifests that have not been verified by METRC, which ensures that Applicant will only be receiving cannabis products from licensed distributors. Additionally, COVA does not process distribution manifests unless the product has already been tested by a licensed state laboratory and verified by METRC. Furthermore, new employees will undergo extensive training to be able to competently identify products or inven- tory that do not comport with standards set forth by the State of California. Any damaged, mislabeled, or expired goods will be rejected and returned to the distributor’s agent. Goods will be rejected on a line-item basis. Once the shipment has been verified, the distributor’s agent and Applicant’s Inventory Manager will both sign two copies of the shipping manifest, and goods will be accepted in accordance with Applicant’s inventory storage procedures. Inventory Control Procedures and Reconciliation Applicant will monitor inventory through its COVA POS and Track-and-Trace software. All cannabis goods except those being used for display purposes or immediate sale will be secured in Applicant’s inventory storage room at all times. The inventory room will only be accessible to a limited number of staff, including the Inventory Manager and other management personnel. The Inventory Manager will conduct daily reconciliation of Applicant’s inventory to ensure that the amounts and weights in its COVA POS system match the State’s Track-and-Trace System and the physical amount of inventory at Applicant’s facility. 16 CCR § 5051(a). Any discrepancies found will be noted, and if they cannot be explained or corrected, management will conduct an audit to determine the source of the discrepancy and notify regulators, the City of Fresno, or the Bureau of Cannabis Control (BCC), if necessary. 16 CCR § 5051(b). Further, Applicant will report: (i) significant discrepancies identified during inventory; (ii) diversion, theft, loss, or any criminal activity involving the cannabis retail business or agent or employee; (iii) the loss or unauthorized alteration of records relating to cannabis, registering qualifying patients, primary caregivers, or employees or agents; and (iv) any other breach of security, to the City Manager or his or her designees, within 24 hours of discovery. 16 CCR § 5036(a); FMC 9-3310(b)(5). Notification to the BCC will be submitted via the Notification and Request Form and will include: (i) the date and time of the occurrence of theft, loss, or criminal activity; (ii) the name of the local law enforcement agency that was notified; and (iii) a description of the incident including, where applicable, the items that were taken or lost. Cannabis goods will be stored using best practices to monitor and maintain freshness. The method of storage will be dependent on the type of goods stored. The inventory room will be maintained at between 65 and 69 degrees Fahrenheit to preserve the freshness of flower, while other goods requiring lower temperatures will be placed in refrigerated units for preservation. All products will be stored according to manufacturer specifications, and all inventory stored on the premises will be secured in the inventory room and not exposed to direct sunlight. 24 Cannabis products, including flower, will be stored in the batches in which they were received and will be pulled using a first-in, first-out method to prevent product expiration. The only cannabis products on the dispensary sales floor will be in locked displays and will never exceed the amount necessary to service customer’s daily needs. FMC § 9-3310(a)(5). Applicant’s POS platform, COVA, which will be used as Applicant’s primary inventory tracking software, is com- pletely integrated with METRC to ensure that all inventory which is received, sold, placed on display, or returned, is accurately tracked and recorded in real-time. Recalls Applicant has formulated detailed policies and procedures to manage both mandatory and voluntary recalls of its cannabis products. Applicant will coordinate with regulators, law enforcement, and impacted vendors and cus- tomers, as needed, to swiftly identify, destroy, and dispose of recalled products. While the Inventory Manager will head all product recall efforts, identifying and executing recalls will be a col- laborative effort. Applicant will use Track-and-Trace and onsite recordkeeping to ensure that recalled cannabis products intended for destruction are identified, weighed, and tracked while on Applicant’s premises and properly disposed of. For recalled cannabis products, the Track-and-Trace Account Manager or a designated user will enter the following details into Track-and-Trace: (i) the weight and count of the product; (ii) the reason for destruction; and (iii) the date the quarantine period will end. Applicant’s employees will be trained to regularly check its inventory through quality control inspections to iden- tify potentially defective cannabis products and notify management. In addition to maintaining open channels of communication with customers and vendors, Applicant will institute procedures for communicating recalls to the City, the BCC, the FDA, and the Department of Health after discovering defective or potentially defective prod- ucts. Communication procedures will include identifying and contacting the licensee that produced the cannabis product and consumers who are likely to have obtained and be in possession of any recalled cannabis product. Customers will be made aware of how to return the recalled product as part of Applicant’s recall policy. Addition- ally, Applicant’s POS software, COVA, is able to track all recalls in order to maintain accurate records of recall history and product inventory. All recall communications will: (i) identify the recalled product type, identifying the type, brand, size, and batch number; (ii) explain the reason for the recall; (iii) provide customer instructions for returns; and (iv) include all of Applicant’s contact information, including telephone numbers for management, the community liaison, and inventory managers, as well as email and physical addresses of Applicant. Applicant will document all such infor- mation and keep copies of all recall correspondence for a minimum of seven years in accordance with Applicant’s recordkeeping policy. Upon notice of a recall or discovery of a defective cannabis product, management will act quickly to limit ex- posure and prevent access to all potentially impacted products. Management will immediately remove affected products from primary inventory and put them in a segregated area of inventory for quarantine (inside the limited access area). Management will similarly quarantine any recalled or defective products returned by customers. Quarantined products will be disposed of in accordance with Applicant’s waste disposal procedures described in Section 3.7 below. 25 Recordkeeping Applicant’s recordkeeping policy and protocols are designed to provide detailed records of Applicant’s activities, as well as a transparent and trustworthy means of communication between Applicant and other licensees, regula- tory agencies, and the police. Applicant will maintain detailed and accurate records and ensure that such records are available for inspection for at least seven years. A copy of all of Applicant’s records will be kept in electronic format to facilitate immediate review upon request. Applicant recognizes the importance of bolstering its reputation by being clear and transparent in its business operations. Applicant will always grant prompt access to Applicant’s current inventory records, Track-and-Trace records, and inventory reconciliation results to the BCC, City of Fresno, or other proper requesting agency. Ap- plicant understands that review may occur without prior notice and outside of Applicant’s hours of operation. Loss of Access If Applicant loses access to METRC, the designated Track-and-Trace Account Manager will ensure that all re- quired inventory tracking activities conducted during the loss of access are prepared and maintained. When ac- cess to METRC has been restored, the Account Manager will document what information has been lost, if any, the date and time when access was lost, and when connectivity to METRC was restored. Within three days of METRC connectivity being restored, the Track-and-Trace Account Manager will document all inventory tracking activities that occurred during the loss of access into METRC. Applicant will not transfer cannabis products, or receive cannabis products from another licensee, until access is restored and all information has been properly input into METRC. 16 CCR § 5050. 1.6.1 (iii) POINT-OF-SALES SYSTEM AND NUMBER OF POS STATIONS Applicant has contracted with COVA to serve as its POS software. COVA was designed specifically for the canna- bis industry and provides Applicant with a multitude of essential functions including product tracking, reporting, regulatory compliance, and cash management. Number of Point-Of-Sale Locations Applicant will provide each employee on the sales floor with a tablet integrated with COVA’s software to assist customers with their purchases. Applicant will have five cash registers evenly distributed throughout its sales counter which will enable it to efficiently assist a large influx of customers Built-In Compliance COVA’s platform is designed specifically for the cannabis industry. COVA’s features were designed to ensure local and state regulatory compliance, improve transactional accuracy, and reduce human error throughout the store’s operations. For example, COVA automatically ensures the following compliance measures: - ;c□UA . THE BEST-REVIEWED CANNABIS POS & INVENTORY MANAGEMENT SOFTWARE ,. I 26 1. Product Tracking Orders, whether placed in person or online, will be automat- ically processed by COVA. Additionally, received inventory also goes through the same process. COVA’s built-in barcode scanning capabilities enable Applicant to have complete seed- to-sale oversight of all inventory, shipments, and sales in re- al-time. 2. Accurate Reporting COVA’s tablets also offer a fully customizable dashboard where Applicant can view inventory data and generate management reports in real-time. These reports can be quickly distributed within Applicant’s organization to ensure the correct data is in the hands of the appropriate personnel. 3. Purchase Limits COVA enforces purchase limits (based on both individual transactions and daily purchase limits) by pre- venting Applicant’s staff from completing a transaction that would violate purchase limits. 4. Customer Identification As described above in Section1.6.1 (i), a customer’s ID will be scanned and recorded at check-in to verify the age and identity of the individual. Integration with METRC Marijuana Enforcement Tracking Reporting Compliance (METRC) is a state-run regulatory auditing system that ensures cannabis is grown, transported, and sold within the constraints of the law by monitoring cannabis pro- duction from seed to sale. Applicant’s POS software, COVA, integrates seamlessly with METRC. Applicant will use both METRC and its COVA POS software to comply with Track-and-Trace requirements, facilitate inventory management and distribution manifests, and complete customer transactions. The data that is imported into COVA from METRC will be used to maintain Track-and-Trace records in real-time and facilitate other inventory-related tasks and compliance with state and local reporting laws. Moreover, Applicant will utilize hardware (e.g., label printers, barcode scanners) approved by and compatible with both COVA and METRC to effortlessly track these inventory statistics via automated data entry. All dispen- sary sales and other significant inventory events will be automatically tracked and reported to Track-and-Trace via the COVA system. Applicant will maintain complete and accurate inventory records and ensure that the records are available for inspection for at least seven years. As with all of Applicant’s records, Applicant will store inven- tory records electronically but will be able to produce hard copies immediately upon request. The BCC and the City of Fresno will be granted access to Applicant’s current inventory records, Track-and-Trace records, and inventory reconciliation results, in either hardcopy or electronic form, immediately upon request. Applicant will allow inventory records to be reviewed by the BCC any time Applicant is exercising the privileges of its license or at any other time as mutually agreed to by the BCC and Applicant. Applicant understands that this review may occur without prior notice and outside of Applicant’s standard business hours. 1.6.1 (iv). CUSTOMERS PER HOUR/DAY Applicant estimates that it will serve 140 customers per day at an average of between 10-12 customers per hour. These estimates are based on conversations with Applicant’s cannabis consultant, Aaron Herzberg, who has been involved with cannabis dispensaries of similar size and locality. Applicant hopes that its reputation as a provider of quality cannabis goods will enable its sales numbers to grow quickly. 27 1.6.1 (v). PRODUCT LINE AND ESTIMATED SALES Product Line of Cannabis Goods Applicant will sell a range of cannabis products, including cannabis flower, concentrates, edibles, pre-rolls, va- porizers, and topicals. All cannabis goods will be sourced from other licensees authorized to engage in the com- mercial sale of cannabis. 16 CCR § 5032. Applicant will actively monitor its inventory using the scanning and batch number to ensure that products have not exceeded their best-by date or expiration date, have undergone laboratory testing, and that the packaging labeling is compliant. 16 CCR § 5406. Applicant has studied the market and believes that cannabis consumers prefer inhalable products, such as flower as opposed to edibles and concentrates. Based on this research, Applicant anticipates a majority of purchases to be flower purchases followed by other inhalable products, edibles, concentrates, and topicals. The General Manager and the Inventory Manager will work together using sales records, customer feedback, and their own personal taste to adjust Applicant’s product line to meet consumer demand. Applicant will only hold, store, and sell canna- bis goods approved and permitted by the State. 16 CCR §5407. Inhalable Products Due to anticipated consumer demand, the majority of sales in Applicant’s dispensary will likely be flower, which is generally smoked. Applicant will carry a variety of flower to meet consumer needs and will reserve shelf space for local equity producers and other growers that demonstrate environmentally sustainable cultivation practices such as Flow Kana. Vapes Applicant will also offer a variety of vaporizers and vaporization cartridges, which offer certain benefits over combustion as a delivery method. Vaporizers are devices that are used to heat cannabis or oil cartridges at some temperature level below combustion. The heat releases active compounds from the cannabis that can be inhaled. Pursuant to State packaging regulations, all vaporizer cartridges will display the State’s cannabis industry univer- sal symbol. Cal. Bus. & Prof. § 26122. Edibles, Tablets, & Tinctures Applicant will carry edibles and other cannabis-infused foods for consumers that prefer to indulge in the benefits of cannabis without inhaling. Applicant will also carry other ingestibles and sublinguals that, due to their lack of sugar content, are likely better suited for individuals sensitive to fluctuations in blood sugar. Tablets and capsules can be formulated to contain specific ratios of cannabinoids to customize the user’s experience and benefits. Finally, Applicant will stock tinctures that are primarily manufactured from dissolving cannabis in alcohol to extract a concentrated solution. Tinctures often contain a wide range of cannabinoids and are administered sub- lingually using droppers to ensure a consistent dosage. Sales Associates will be trained to educate customers regarding proper dosage, latency, and other considerations when assisting customers with their purchase of edible products. Topicals and Transdermal Patches Topical products allow cannabinoids to penetrate the skin without causing systemic irritation. Topical products include balms, salves, lotions, and sprays that deliver active ingredients through the bloodstream. Some transder- mal products don’t generate an intoxicating effect but are used for purposes such as combating pain and inflam- mation. 28 Concentrates Concentrated cannabis products offer consumers a cost-effective high concentration of cannabinoids. Concen- trates provide an effective delivery method for those who want to decrease their smoke inhalation and are desir- able as a quick method of ingestion for some with intractable illnesses. Applicant plans to carry live resin, budder, sauce, sugar leaf, and crumble. Beverages Cannabis-infused beverages are ingested similarly to edibles. The category includes drinkable night-time sleep aids and other non-alcoholic cannabis-infused beverages like soft drinks. Typically, cannabis-infused beverages contain between 5-10 milligrams of THC and are purchased in single-serving bottles. Medical Products Applicant recognizes that cannabis has many medical applications to treat those with HIV, cancer, neuropathic pain, and other serious medical conditions. In addition, cannabis is an alternative to opioids. As such, Applicant will leverage the experience of its consultant and Director of Compliance Aaron Herzberg to increase access to cannabis for those who need it most. Mr. Herzberg has a consistent track record of striving to make the cannabis industry more equitable and increasing access to medical marijuana. As an example, Mr. Herzberg has previously arranged for senior citizens to be bussed to his dispensaries in order for them to have access to the medicinal ben- efits of cannabis. Consistent with this track record, Applicant will offer a wide array of medical cannabis products including Prana CBD, Papa & Barkley, Mary’s Medicinal, and others. Pet Products Applicant recognizes how much people love and care for their pets. As such, Applicant wants everyone’s pets to live longer, healthier, and happier lives. Moreover, consumers spent approximately $400 million on CBD for their pets in this past year alone. In light of this expanding market, Applicant intends on offering a line of various CBD products for pets including CBD capsules and hemp oils. Alcohol and Tobacco Sales Applicant will not sell or dispense alcohol or tobacco products on the premises of its proposed dispensary store. FMC 9-3309(b) and (c). Additionally, Applicant believes in supporting social equity growers and small cannabis cultivators to provide the Fresno community with boutique cannabis products that are organically grown, sustainably harvested, and 100% natural like Flow Kana and Arcanna Flowers. Applicant prioritizes growers that practice safe and sustain- able cannabis cultivation. In placing product orders, Applicant will ensure that it offers cannabis products that are pesticide-free and organically grown. Additionally, Applicant will strive to work with vendors and small cannabis cultivators that share its values of sustainable growing and environmental conscientiousness. Applicant is ada- mant in driving the conversation surrounding social justice within the cannabis industry by partnering with and championing the voice of equity applicants to launch products and, as such, Applicant is committed to partnering with social equity brands like KGB Reserve. Sale Amounts by Product Type As reflected by the graph to the right, Applicant anticipates the majority of its sales by product type to be flow- er, followed by edibles, concentrates, and topicals. Applicant’s cannabis consultants and advisors arrived at the product mix based on their experience with similarly situated dispensaries in locales with similar demographics. Further, Applicant’s product mix is readily adjustable to meet consumer needs and can be modified to address any concerns that the residents of the City of Fresno might have. 29 Applicant anticipates the breakdown of products sold as follows: Topicals 2% Other/ Pre-rolls Accessories 30 SECTION1: BUSINESS PLAN Sample Product Lineup Papa & Barkley Releaf Balm VETCBD Pet Tincture 10:1 Flow Kana Single Pre-Roll Papa & Barkley Releaf Chocolate VETCBD Pet Tincture 20:1 Arcanna Flower - 3.5 Grams Lowell Smokes Pre-roll Pack Papa & Barkley Releaf Tincture Mary’s Medicinals 1:1 CBD/THC Tincture -~ ~ 31 Cannabis Displays Cannabis products will be displayed on the retail dispensary sales floor area in glass cases and locked refrigerated units. Customer Inspection Upon request, customers will be able to inspect cannabis goods more closely using a secure inspection container. Inspection containers will be stored in locked glass display cases on the retail floor. The purpose of this storage method is to prevent loss and diversion, while also giving consumers a tangible opportunity to inspect the quality of the product offered. Cannabis goods that have been removed from packaging will not be sold or consumed and will instead be disposed of pursuant to Applicant’s Cannabis Waste Disposal Policy, as detailed in Section 3.7. 16 CCR §5405(c); BCC Regulations, § 5002 (29, E, i). Due to Covid-19, Applicant intends to suspend any planned customer inspection of products other than visual inspections of products secured in display cases. Restrictions on customer inspections will be lifted only after consultation with public health officials. No Free Samples or Onsite Consumption No free samples of any type of cannabis good will be provided to consumers for any purpose. 16 CCR §5411. Further, onsite consumption of cannabis will be strictly prohibited on or around Applicant’s premises. Applicant’s Sales Associates will instruct all customers that they must leave the premises with the understanding that un- opened cannabis goods shall remain in the opaque exit packaging provided, and that customers shall not open or consume cannabis goods near Applicant’s premises. FMC § 9-3309(a). Sale of Cannabis Goods Applicant strives to provide a safe and efficient experience for its consumers. Employees will be trained to inquire about customers’ needs and preferences and suggest products known to be tailored for such personalized use. The customer will inform the attending Sales Associate of their selection, and the Sales Associate will scan the order into the POS system and collect payment. The Sales Associate will place the receipt and the purchased product into an opaque bag and hand it to the customer. 16 CCR 5413(b) and (c). 1.6.1 (vi) DELIVERY PROCEDURES, NUMBER OF VEHICLES, AND SECURITY PROCEDURES Applicant realizes the importance of providing safe access to cannabis for those who are unable to make their way to Applicant’s brick and mortar dispensary. Applicant intends to provide access to such individuals by providing a safe, secure, and discreet delivery service that will enable those customers unable to travel to obtain Appli- cant’s cannabis products. No person under the age of 21 shall be allowed to serve as a delivery employee. FMC § 9-3309(i)(1). Receiving Delivery Orders Applicant intends for its customers to be able to place delivery orders through Applicant’s website via its Dutchie online dispensary sales software, which is integrated with Applicant’s POS software and website. The customer experience provided through Dutchie is renowned as being very straightforward and user-friendly. Applicant’s website will feature its entire line of cannabis products with pictures, organized by product type. One a customer selects their desired product, they will have access to information regarding the product’s details, including the unique formulation, average THC content, description of the effects, and links to customer reviews of the product. Once customers have placed their online orders, Dutchie will provide real-time updates on their order status until the order reaches the delivery destination. 32 SECTION1: BUSINESS PLAN Another advantage of using Dutchie is the platform’s built-in compliance structures that address age checks, purchasing limits, and more. Dutchie requires all delivery information upfront to ensure that consumers are in allowable zones for delivery. For both orders received over the telephone and online, customers will be informed that their age and identity will be verified at the time of delivery through acceptable identification documents and that fulfillment of their order is contingent on the customer being above the legal age limit to purchase cannabis. When a delivery order is received, a Sales Associate responsible for monitoring delivery orders will first confirm that the order complies with state and local daily sales limits and that the order can be legally processed. The Sales Associate will confirm that all goods ordered are available and begin preparing and processing the delivery. If Applicant is out of stock of any of the goods on the order received, the Sales Associate will use their professional judgment to suggest an alternative item to the customer. When processing the delivery, the Sales Associate will begin by documenting the customer’s identifying infor- mation and checking the delivery address online to ensure that it is: (i) a physical address in California; (ii) not on publicly owned land or on land or in a building leased by a public agency; and (iii) not a school providing instruction in kindergarten or any grades 1 through 12, daycare center, or youth center in accordance with 16 CCR § 5416. Delivery Order Processing As discussed above in Section 1.6.1 (iii), when a customer places a delivery order, it is automatically processed by our POS system. As part of order fulfillment, a Sales Associate will prepare a Delivery Request Receipt in conformance with 16 CCR § 5420(a). The Delivery Request Recipient will contain the following information: dutchie d Checkout Customer Type Time Logged in as jon.bond@dutchie.com Edit In response to health and public safety concerns, we're proud to now offer you Curbside Pickup! @ Pickup (In-Store) Pickup (Curbside) Delivery Ni .. Select a pickup time: Please select a time ... .. Cancel 8:00AM today Cancel Crescent Subtotal· $144.00 Add a promo code ORDER TOTAL: $144.00 PLACE ORDER By placing an order you agree to our Terms and to receive 1utomated text message updates 33 (i) Applicant’s name and address; (ii) the first name and employee number of the employee who will deliver the order; (iii) the first name and employee number of the employee who prepared the order for delivery; (iv) the first name and customer number for the customer who placed the delivery order; (v) the date and time of the delivery order; (vi) the delivery address provided by the ordering customer; (vii) a detailed description of the requested cannabis goods, including their weight, volume, or other accurate measure of amount; and (viii) the total amount paid for the delivery, including the cost of the cannabis goods, any taxes and/or fees, and any other charges related to the delivery. Our online purchase software, Dutchie, has built-in compliance structures in which address, age, purchasing limits, and more are all verified. Dutchie’s software does not process any orders that are in excess of state limits and requires all delivery information upfront to ensure the consumers are in the allowable zones for delivery. Additionally, Applicant’s online customers will receive text messages from Dutchie that will continuously update them with their order status in real-time. All transactions will be completed in full compliance with all relevant requirements set forth by the Bureau, the City, and all other relevant state and local authorities. The same Delivery Request Receipt will be updated by the Delivery Employee to reflect the time and date that the order was delivered, as well as the ordering customer’s signature confirming receipt of the order. All information regarding the customer’s profile will be recorded in Applicant’s POS system to ensure that product recalls can be effectuated for recalled products. All ordered cannabis goods will be processed from storage by the Inventory Manager, who will visually inspect all products, ensure they are not expired or otherwise damaged, and prepare the products for delivery. The prod- ucts will then be passed to a Sales Associate for further preparation, including scanning or manually entering the products into the POS system. The following information will be directly entered into Track-and-Trace in accor- dance with 16 CCR §5049(b): (i) Name and type of cannabis goods; (ii) Unique Identifiers (“UID”) of cannabis goods; (iii) Amount of cannabis goods by weight or count; (iv) Date and time of sale; (v) Any other information required by licensing authorities. Fulfillment of delivery orders will be contingent on Applicant’s connectivity to Track-and-Trace. 16 CCR §5050. The Sales Associate will record goods ordered in the Delivery Employee’s Delivery Inventory Ledger, including the following information for each type of good ordered: (i) type; (ii) brand; (iii) retail value; (iv) UID; and (v) volume or weight. At no time will Delivery Employees be permitted to possess inventory of more than $5,000 in cannabis goods pursuant to 16 CCR §5418(e) and (g). The Sales Associate will place all delivery orders into opaque exit packages pursuant to 16 CCR § 5413(c) and provide the packaged goods to the Delivery Employee, along with copies of the associated Delivery Request Re- ceipt and Delivery Inventory Ledger. 16 CCR § 5418(e) and (g). Delivery Vehicle Loading Applicant’s will fence an enclosure at the rear of the dispensary to serve as its designated vehicle loading zone. Applicant’s delivery vehicle loading zone will be accessible through a secure mantrap and monitored 24 hours a day under video surveillance. 16 CCR § 5044(d)(1). Delivery employees will load cannabis goods into the enclosed delivery vehicle by Delivery Employees who will ensure that all cannabis goods are locked in a fully enclosed box, container, or cage that is secured on the inside of the vehicle (but not composed of the parts of the vehicle) that is not visible to the public pursuant to 16 CCR §5417(b). 34 GPS Tracking Applicant’s delivery vehicles will be equipped with a GPS tracking device that will remain active throughout the entirety of every delivery. Additionally, Applicant will maintain records of all deliveries for at least 90 days and provide these records to the City of Fresno and the BCC promptly upon request. 16 CCR § 5417(d). Delivery Stop Log Delivery Employees will maintain a Delivery Stop Log, in accordance with 16 CCR 5418(f), which will log any stops from the time they leave Applicant’s premises to the time they return to Applicant’s premises, including rea- sons for such stops. Delivery Employees will provide the Log to management, and management will ensure that the log is retained and available for inspection for at least seven years. 16 CCR § 5418(f). In accordance with 16 CCR §5418(h)(3), Delivery Employees will provide the log to the City, the BCC, or any law enforcement officer, immediately upon request, while out on deliveries. Delivery Employee Communication Delivery Employees will be able to stay in communication with management through Bluetooth hands-free devic- es installed in each of Applicant’s vehicles. Prior to departing from Applicant’s premises for delivery, the Deliv- ery Employee will place and receive a test call to verify that the telephone is properly functioning. In addition to general communications, Delivery Employees will utilize the hands-free telephones to report all adverse delivery events to management, who will record all adverse events in a dedicated incident log. Delivery Route Guidance Delivery Employees will follow pre-planned delivery routes assigned by management and created by Google Maps or other similar GPS navigation software. If a stop or deviation from the route is necessary, the Delivery Employee shall communicate the stop or deviation to management who will record the extraneous stop on the Delivery Stop Log. The Delivery Employee will then continue on the preplanned, GPS-guided route, or return to the dispensary if necessary. If the Delivery Employee encounters unforeseen consequences that require a stop, the Delivery Employee will park in a safe and secure area, use their judgment to best address the issue, and if neces- sary, contact management for further guidance on how to resolve the issue. Completing Deliveries Upon arriving at a customer’s delivery address, Delivery Employees will attempt to contact the customer by telephone. Dutchie, our online sales software, incorporated curbside pickup as part of its efforts to adapt to the COVID-19 pandemic. Making sure that cannabis goods are secure and attended to is key to safety in the delivery process. If the Delivery Employee does not receive a response within 10 minutes, the Delivery Employee will return to Applicant’s premises. If the customer does respond, the Delivery Employee will verify that the person responding is indeed the customer who placed the order and scan the customer’s identification with an age veri- fication device to confirm that the customer is of legal age to use cannabis. 16 CCR §5415(f). The Delivery Em- ployee will then accept payment from the customer (if customer is paying with cash) for the cannabis goods and transfer possession of the cannabis goods to the customer. The customer will sign the Delivery Request Receipt and will be provided a copy. 16 CCR § 5420(b). The Delivery Employee will retain a copy of the signed Delivery Request Receipt for Applicant’s records. 16 CCR §5420(b). Upon completing a delivery, the Delivery Employee will update the Delivery Inventory Ledger to accurately reflect the amount of cannabis that the Delivery Employee is currently in possession of. 16 CCR § 5418(e). The Delivery Employee will notify management that the delivery has been attempted or completed. Additionally, the customer will receive a text message from Dutchie confirming the delivery. The Delivery Employee will pro- vide management with the following documentation upon return: the Delivery Request Receipts, the Delivery 35 Inventory Ledger, and the Delivery Stop Log. Management will inspect all documents provided by the Delivery Employee and verify that they are consistent. If there is any undelivered cannabis, management will unload the undelivered cannabis and return products to inventory. 16 CCR 5418(j). Applicant will ensure that all records are retained and available Product Security During Transportation Applicant has crafted the following policies to ensure a safe delivery experience for both drivers and customers. Delivery employees will not carry cannabis goods worth more than at any time. 16 CCR § 5418(a). Only authorized Delivery Employees will be allowed in the delivery vehicle while delivering cannabis. 16 CCR § 5417(a). During delivery, the Delivery Employee will ensure that the cannabis goods are secure in the vehicle’s special delivery compartment and not visible to members of the public. 16 CCR § 5417(a)-(b). At no time will the Delivery Employee leave the vehicle or cannabis goods unattended unless the vehicle is locked and the alarm system is active. 16 CCR § 5417(c). Delivery Employees will be trained to remain cognizant of their surroundings and respectful of the Fresno community. Delivery Employees will be trained to comply with all relevant traffic and parking regulations to minimize any congestion or parking concerns. Delivery Employees who violate traffic laws, incur parking tickets while making deliveries, or otherwise engage in unsafe or discourteous behavior will be reprimanded or have their employment terminated. Respect for the community is one of the foremost focuses of our operation and we take this responsibility seriously. Number of Delivery Vehicles Applicant intends on utilizing at least one low-emission, electric, hybrid, plug-in, or another environmentally friendly vehicle to deliver cannabis goods and work towards a net-zero carbon footprint. Applicant will determine the number of delivery vehicles after conducting a thorough analysis of delivery demand in the surrounding area. Applicant’s deliveries will be made in unmarked vehicles that bear no indication that the vehicle contains canna- bis, and Applicant will not use its vehicles for any advertising purposes. FMC § 9-3310(a)(7). CRESCENT COSMOS LLC 36 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN Applicant is committed to fostering a collegial and welcoming environment for all of its staff and the Fresno community. Providing a pleasant experience for customers starts with making sure that Applicant is taking care of its own employees. As such, Applicant offers generous compensation and provides ample opportunities for our employees to grow as employees and members of the Fresno community. As set forth below, Applicant will provide employees more than a living wage and aim to provide employees the opportunity to become members of the community in good standing who represent the value of the cannabis in- dustry. Employees will be provided benefits, training, formal education, and mentoring to ensure that the quality of our employees rivals the quality of the products Applicant intends to sell, leading to a more enjoyable expe- rience for both customers and neighbors. Further, Applicant is committed to actively hiring members of the Fresno community and has already identified at least four individuals that it intends to offer employment to represent Applicant in the community. Additionally, Applicant realizes that despite best efforts, the aims of workers and management may not always perfectly align and has therefore entered into a labor peace agreement to allow employees to unionize with the United Food and Commercial Workers Union who has offered a letter in support of Applicant’s dispensary. Applicant hopes that employment at its dispensary will provide an opportunity for employees to further cultivate their personalities and become meaningful members of the Fresno community. 2.1 LIVING WAGE Applicant intends to pay all employees above the minimum wage set by the City of Fresno and the State of Cal- ifornia. Applicant sets its wages based on Massachusetts Institute of Technology’s (MIT’s) living wage calcula- tion, which lists the living wage in Fresno County at Applicant plans to start its employees’ hourly wages at $ per hour, exceeding MIT’s living wage estimate by over 69%. Further details of Applicant’s specific salary information is included in the staffing plan in Section 2.6. Applicant is further committed to equal pay for equal work among its employees and will not discriminate on the basis of gender, race, religion, or sexual orientation when determining the compensation of individual employees. Further, Applicant will continually review its employees’ compensation to ensure that it is a fair and accurate reflection of their work and value to Applicant. 2.2 EMPLOYEE BENEFITS Applicant realizes that to attract and maintain a workforce of high-quality employees it will need to offer high-qual- ity benefits that reward employees and provide for them so that they may provide for Applicant. Applicant aims to offer a comprehensive benefits package that prioritizes employees’ well-being and gives them the chance to turn their job at Applicant into a well-compensated long-term career. In order to further this goal, Applicant will offer employees a living wage, health insurance, retirement plan, and paid time off. Health Insurance Applicant realizes the importance of providing high-quality health insurance to all of its employees, especially given that many are still suffering from ramifications of the global pandemic. Applicant’s health insurance pack- age will include dental and vision care, in addition to making sure that other health needs of our employees are adequately provided for. As such, Applicant will pay 80% of its employees’ health insurance premiums. Maternity and Paternity Leave Applicant will provide up to six weeks of paid maternity or paternity leave to eligible full-time employees. To fos- ter a feeling of family, Applicant realizes the importance of strengthening bonds with one’s own family and new children. Upon returning from maternity or paternity leave, employees will be reinstated to their original position or assigned a comparable position if their original position is no longer available. CRESCENT COSMOS LLC 37 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN Vacation Part of maintaining an efficient and energetic workforce is ensuring that employees have the opportunity to rest and recharge. Applicant’s employees will receive up to 15 days paid time off per year depending on their length of service to Applicant. This paid time off will not only enable employees to better serve our customers but also provide an opportunity for employees to reflect and rededicate themselves to our work. Our employees are our family and personal growth is just as important to Applicant as professional development. Medical Leave Employees should not feel pressured to come to work when ill. To provide the opportunity to recover when feel- ing under the weather, each employee will receive 72 hours of sick leave each calendar year. Applicant realizes the importance of sick employees not feeling compelled to come to work when sick, and the importance to the public of discouraging such behavior, especially during the global pandemic. Benefits Paid for Civic Duty Employees will receive their usual wage for the time taken off to participate in jury duty or voting. Additionally, employees who wish to serve as poll workers will be paid the difference in pay between their per diem and stipend from the relevant election commission, if permissible by law. Retirement Plan Applicant will offer its employees a 401k Retirement Plan with Applicant matching up to 3% of an employee’s monthly retirement allocation. Volunteer Time Off Applicant encourages its employees to grow themselves as members of the Fresno community. Applicant will offer employees 40 hours per year to engage in community growth through volunteering at local charities and nonprofit organizations. The volunteer time taken will benefit Applicant, the employee, and the communi- ty and allow regular opportunities for Applicant and the City of Fresno to form a long-term mutually beneficial relationship. 2.3 COMPENSATION AND OPPORTUNITIES FOR CONTINUING EDUCATION AND TRAINING Applicant is committed to providing opportunities through training, formal education, and professional mentor- ship to develop its employees into more complete people, inside and outside of their work at the dispensary. Ap- plicant intends to reward employees who embrace its brand through internal promotion preference and will assess employee performance and needs on a holistic basis. Employee Education Compensation To promote from within and support employee growth, both as cannabis workers and people, Applicant has devel- oped an Employee Education Compensation plan that will allow employees to attend conferences and continuing education classes to foster their growth in the cannabis industry and beyond. Employees who have been with Applicant for more than one year will be able to enroll in local classes, switch to part-time work at the dispensa- ry, and be provided with a stipend to help cover their educational expenses. Applicant is committed to providing flexible scheduling for all of its employees who desire to seek out further education. Additionally, employees who choose to engage in their own development will be rewarded with pay increases in conformity with Applicant’s merit-based practices. Mentorship and Workshop Program Applicant will establish a mentorship program to help cultivate employees’ interest in further expanding into the field of cannabis and advance their careers. Mentorship will be provided on an ongoing basis with interested CRESCENT COSMOS LLC 38 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN employees being given the opportunity to shadow management, connect with ownership, and learn more about what Applicant sees as the future of the cannabis industry. Part of Applicant’s goal to better educate its workforce is to align employee education with the enhance- ment of the customer experience. To do this, Applicant will encourage employees to apply for a select number of “educator” positions within its dispensary. Employees selected as educators will be encouraged to educate themselves on a long-list of leading cannabis topics, lead workshops and community education seminars on Applicant’s premises, and become experts in whatever cannabis-related topic the employee chooses to immerse themself. Applicant will award pay increases to all employees who obtain “educator” status as a means to encour- age their growth. Applicant seeks to incubate its own future entrepreneurs by educating employees on state com- pliance with cannabis laws and skill-building that includes: accounting, information and technology assistance, leadership, and mock pitch meetings to spurn in-house growth. Finally, Applicant will require employees to regularly participate in employee reviews, assessments, and train- ings. As part of this effort, employees will engage in annual refresher trainings focused on building up the basics of budtending and improving the customer experience. Applicant’s goal is that all of its employees be up to date on the regulatory framework and structure of the cannabis industry and their place within it. Fresno City College Scholarship Applicant is committed to providing members of the local Fresno community with opportunities to continue their education. As such, Applicant will award one of its employees with a scholarship to attend Fresno City College. The scholarship will cover at least one year of coursework. Employee Training Applicant’s employees are our representatives in the Fresno community. As such, Applicant places its emphasis on building a workforce that is not only knowledgeable about cannabis but prepared to offer customers an infor- mative and transformational purchasing experience. To build the foundation necessary to achieve this goal, Ap- plicant has developed a tailored training program to provide employees the opportunity to thrive. Employees will be aware of all necessary compliance measures and provide customers with a friendly and enlightening shopping experience. Applicant’s training program will include both virtual and in-person training sessions and ensure that our employees are knowledgeable, respectful, and competent to handle any customer needs. Virtual Trainings In order to develop our workforce, Applicant will partner with Oaksterdam University to enable our Sales Associates to obtain certification through Oaksterdam’s Budtender Certification Program. Oaksterdam University is a leading educator in the cannabis industry, known for its rigorous ac- ademic learning environment and ability to provide students with the in- depth perspective necessary to cultivate their skills. The Budtender Certification Program provides employees with an entree into the cannabis industry by educating on cannabis products on the mar- ket, how to use certain products, and how they work, enabling employees to confidently guide customers through their purchasing experience. At [E] Fresno City College CRESCENT COSMOS LLC 39 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN the end of the course, employees will take a final exam to demonstrate and solidify their knowledge. Additional- ly, Applicant will provide training on safe human resources practices and other generalized workplace trainings through virtual training modules. Applicant’s employees are always encouraged to learn more than the baseline required to provide customers with a transcendental experience and will reward employees who embark on such endeavors. Specifically, Applicant’s training will include an in-depth dive on the following topics: Cannabis History and Scientific Research: Sales Associates will learn and review the state of scientific and medical literature on the efficacy of cannabis and its medical applications. Training will provide insight into the latest discoveries on canna- binoids, terpenes, and cultivation techniques. Therapeutic Benefits of Cannabis: Sales Associates will be educated on the beneficial compounds within the cannabis plant and how they produce their unique effects. Applicants will learn about the entourage effect, the differences between strains, and how mixes of cannabinoids influence the user’s experience and benefits. In this module, employees will discover the different ways delivery methods such as inhalation, vaporizing, and con- suming edibles affects the consumption experience. Sales Skills: Applicant will explain how our Sales Associates serve as ambassadors of our brand and the industry as a whole. Training will outline the unique responsibilities and opportunities afforded to those who are able to guide the cannabis consumer’s purchasing. Employees will then look at some of the specific aspects of working in a dispensary that make it different from other customer service jobs, including special product handling requirements and enhanced on-site security. Customer/Patient Relations and Product Safety: Applicant will train its Sales Associates to identify the customer/patients’ goals, level of experience, and familiarity with cannabis. Employees will cover some key issues related to consumer safety, in- cluding an introduction to appropriate dosing, potential side effects of cannabis, and population groups for whom cannabis consumption could pose a higher risk of negative health outcomes. The goal of this training is to provide employees with the requisite practice to offer customers the knowledge to promote safe consumption practices. Dosing and Effects of Cannabis: Applicant will present the knowledge employees need as budtenders to provide comprehensive, evi- dence-based answers to our customers’ questions about dosing and effects, and help them select a for- mulation and dosage which is safe and effective. We will look at how the potency, effects, and duration of effects differ across various methods of ingestion and introduce the concept of the “therapeutic win- dow” of effective doses. We will also discuss potential interactions between cannabis and other drugs, including opioids, and introduce the concept of selecting specific cultivars to produce specific effects. Cultivar Selection: Employees will examine one of the most complex -- and most contested -- topics in cannabis today: the identification and classification of individual cannabis cultivars, which are commonly called “strains.” Applicant will explain why the term “cultivar” is more accurate than “strain” in the context of describ- ing cannabis varieties, and break down the myth of the dichotomy between “Indica” and “Sativa.” They will then learn more about what actually drives the differences in effects among cultivars, and examine ► ► ► ► ► ► CRESCENT COSMOS LLC 40 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN the lack of standardization in cannabis cultivar labeling. We will wrap up the module and the course with strategies for helping customers and patients select cultivars that will achieve their desired effect Maintaining a Safe Work Environment For All Applicant recognizes the importance of making sure employees feel safe at work. In order to help advance this goal, Applicant will implement a strict Code of Conduct. Applicant’s Code of Conduct will outline a framework for practicing collegial and ethical decision-making while at work. Applicant’s Code of Conduct will include Ap- plicant’s standards for its workplace environment, business practices, and community involvement. Additionally, Applicant’s Code of Conduct will provide avenues for addressing conflict, reporting violations, and asking for advice when an employee is unsure about how to approach a particular situation. Regulatory Training In order to succeed as a dispensary, it is important that all of our employees know and follow the law. Ensuring that all of our employees know the basics behind certain regulations serves as an important check on individual employees’ behavior and helps keep Applicant out of unnecessary trouble. Regulatory training will identify laws related to day-to-day operations, age verification, inventory management, Track-and-Trace, security, cannabis waste, proper maintenance of the premises, and more. Safe Consumption To ensure that customers get the most out of their cannabis usage, it is important that our staff be able to provide the information necessary to facilitate safe consumption. Applicant will ensure that its employees understand how cannabis can be safely and legally consumed and can advise customers about best practices on an ongoing basis. Employees will be trained to educate visitors about regulations prohibiting cannabis consumption while in public or driving to ensure that no one drives impaired and our customers share the same respect for the community that we do. Product Knowledge Applicant’s employees will be knowledgeable about all product types to better serve our customer base. In order to ensure that customers make informed decisions, Applicant’s Employee Training Plan will meld science-backed findings with Sales Associates’ personal experiences to give first-hand insight into our product offerings. Custom- ers will be made aware of what each specific product contains and its anticipated effects and benefits. Culture Awareness Applicant values diversity and is committed to respecting others so that all of our customers feel welcome. Rec- ognizing that close to 50% of the Fresno population is Latinx, Applicant will prioritize the hiring of bilingual Spanish speakers and make sure that all signage is in English and Spanish. Further, because our employees in- teract with customers of different races, ethnicities, and backgrounds, Applicant will ensure that our staff treats every customer walking through the door with the same collegial hospitality, while at the same time recognizing that we are each different. Applicant’s cultural training will ensure that our employees are able to offer the most welcoming and inclusive shopping experience possible. 2.4 LOCAL HIRING AND RECRUITMENT PLAN IN CONFORMITY WITH SOCIAL POLICY Applicant welcomes the opportunity to be embraced by the City of Fresno as a leading catalyst for community growth. In order to foster its relationship with the local community, Applicant intends to make hiring from within the community a priority. Applicant realizes the financial harm that the pandemic has taken on individuals and will work diligently to make hiring decisions that reflect a desire to give out-of-work and disadvantaged CRESCENT COSMOS LLC 41 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN persons meaningful long-term employment with Applicant’s dispensary. Applicant realizes the damage done to many communities by the War on Drugs and welcomes the opportunity to adopt practices that remediate that damage by making decisions with an eye towards equity. Applicant intends to hire a majority of its workers from low-to-moderate income census tracts and will give preferential hiring and staffing hours to those who meet any of the following criteria: (i) Annual family income below 80% AMI; (ii) Convicted of a cannabis-related crime that could have been prosecuted as a misdemeanor or citation under State law; (iii) Lived in low-to-moderate income census tract housing for a minimum of 3 years; (iv) Veteran; (v) Former foster youth; (vi) Unemployed; and (vii) Receiving public assistance. Applicant agrees to staff at a minimum of 1/3 of annual hours worked persons who meet the aforementioned preferential hiring criteria. FMC § 9-3316(b)(1). Applicant will provide the City of Fresno, annually or upon request, with proof of compliance with the criteria listed in FMC § 9-3316(b)(1). Prospective employees will be provided with detailed employment forms to verify that they meet the preferential hiring criteria. In order to verify such information, Applicant will solicit the necessary supplemental documenta- tion from prospective employees who have indicated that they meet one of the above-listed criteria. Additionally, Applicant will recruit from surrounding census tracts that meet low-to-moderate income status and focus on em- ployee hires from those areas. On top of proactively soliciting workers from families with income below 80% AMI ($37,751.20), Applicant has identified multiple census tracts in the City of Fresno that have a low-to-moderate income, including census tract numbers: 1, 2, 3, 4, 5.01, 5.02, 7, 8, 9.02, 12.01, 12.02, 13.01, 14.07, 14.11, 15, 18, 19, 20, 23, 24, 25.01, 26.02, 27.02, 28, 35, 45.05, 49.01, 50, 51, 54.03, and 54.08. As part of its recruitment process, Applicant will participate in local job fairs and advertise open positions on sites like LinkedIn, Glassdoor, Ziprecruiter, and Indeed, prioritizing the hiring of Fresno residents. Applicant will em- ploy at least 95% of its workforce from long-standing local Fresno residents, far exceeding the 30% local hiring criteria. FMC § 9-3316(b)(3). 2.5 LOCAL OWNERSHIP AND MANAGEMENT Applicant will be a locally managed business as owner Kyle Wilkins meets the City’s requirement of “Local Ownership” by owning a business in Fresno prior to March 2019 and Owner SJ Van Horn meets the City’s requirement of “Local Ownership” by being a current resident of Fresno prior to March 2019. Ap- plicant’s ownership team has a trusted reputation in the community. Being 100% owned by residents and business owners of the City of Fresno, Applicant has experience serving Fresno, particularly in areas similar to cannabis retail. Owner SJ Van Horn has been a proud Fresno City resident since December 2018 and is the owner and operator of the CBD Center, where he has served the Fresno community by offering CBD products that promote the restorative benefits of CBD without the intoxicating effects of THC. SJ is fa- miliar with educating consumers on the holistic benefits of canna- binoids. Trusted in the community for offering high-quality CBD [1] [2] https://www.census.gov/quickfacts/fact/table/fresnocitycalifornia/INC110218 https://www.census.gov/engagement-navigator 1 2 _________________________ t CBD CENITER THE MIRACLE CURE CRESCENT COSMOS LLC 42 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN products to Fresno residents through his personal brand, SJ hopes to do the same with the high-quality cannabis products that will stock Applicant’s shelves. Further, owner Kyle Wilkins is a local entrepreneur and owner of Fresno restaurant Poke Bowl Express who recognizes the importance of meeting underserved needs in the Fresno community. Mr. Wilkins established Poke Bowl Express in January 2017 to serve the Sun- nyside area, supporting neighboring schools and surrounding busi- nesses. Applicant’s ownership recognizes the importance of meeting Fresno’s needs through the eyes and perspectives of Fresno residents. Local management is integral to Applicant’s future success and is not a line item on an application, but a tenant of Applicant’s core values. | Owner, Kyle Wilkins, pictured in front of his Fresno business, Poki Bowl Express located at 6127 E Kings Canyon Rd Unit 103, Fresno, CA | Owner, SJ Van Horn, pictured with his employees inside his Fresno business, CBD Center, located at 1648 N. First St., Fresno, CA 93703 Photos of Fresno Businesses Owned by Kyle Wilkins and SJ Van Horn CRESCENT COSMOS LLC 43 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN https://thebusinessjournal.com/new-fresno-store-dedicated-to-cbd-products/ The Business Journal article on Owner SJ Van Horn’s Fresno Business, the CBD Center. BUSINESS JOURNAL NEW FRESNO STORE DEDICATED TO CBD PRODUCTS 'n8bidiol S.J. Van Horn recently opened a new store in Fresno that exc lusively sells products made from CBD oil, a non-psychoactive compound derived from hemp. Photo by Dona ld A. Promnitz Published On September 4, 2019 -9:53 AM Written By Donald A. Promnitz While a term like "miracle" may evoke skepticism in some, the owner of a new store in Fresno has no trouble at all saying it -in fact, he's advertising it with a sign right outside his door. Located at 1648 N. First St. on the corner of McKinley Avenue, the CBD Center has more than 100 CBD products to sell, with everything from oils to soap. According S.J. Van Horn, the store's owner, he decided to set up shop after seeing what he called a void in the Fresno area for CBD products. Cannabidiol, or CBD, is a product derived from hemp. Research has been done into numerous possible health benefits, and in 2018, the U.S. Food and Drug Administration approved a purified CBD oil to treat epilepsy. Other potential uses have included stress relief, sleep and pain and inflammation. "The more I learn about this, the more excited I get, that it has such a far-reaching capacity because of the receptors being in every cell in your body," Van Horn said. "So you can deal with things that have to do with emotion and the physical. And I think that's a powerful thing to be able to help it." But not everyone has the same confidence in CBD that Van Horn has, with it sometimes being placed in the same category as marijuana. However, CBD does not contain THC, the mind-altering compound found in marijuana plants. Van Horn stated that he believes another source of wariness may come from customers receiving poorer versions of CBD oil that lack any notable benefits. To this, he said that all products on his shelf have been tested, and his vendors are from across the state. He added that the reviews speak for themselves -enough to warrant the sign outside. "Some people will call it a miracle when they say they can have the best sleep in their life," Van Horn said. "To have this as an alternative [treatment] to something that's causing problems for many, many years, a lot of people will feel like an absolute miracle." The CBD Center held its grand opening last month. CRESCENT COSMOS LLC 44 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN Proof of Residence for Future Local Management Applicant has also already identified individuals in the Fresno community it’s interested in hiring to help meet this goal. All managers identified are long-term residents of the City of Fresno who have lived within the City since at least March 1, 2019. The prospective managers are: Felipe de Jesus Toscano, Keith Groom, Nolan Graff, and Xavier Mercado. Keith Groom, Nolan Graff, and Xavier Mercado are current employees of SJ Van Horn’s CBD Center and have extensive knowledge of the workings of the endocannabinoid system. Applicant appreciates and identifies with the entrepreneurial spirit of the future of Fresno and is committed to the promotion of Fresno residents to further the betterment of the City. Applicant appreciates the importance of a strong connection to the local community and intends to implement promotion practices that further this goal. Applicants will achieve promotion based on a multi-point merit-based system with large weight given to involvement with and ties to the local community. Applicant’s goal is not only to be a member of the community but to achieve high standing within the community by hiring, retaining, and promoting high-quality individuals that reflect this goal. CRESCENT COSMOS LLC 45 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN Proof of Residence for SJ Van Horn - Utility Bill displaying residency since December 2018 CRESCENT COSMOS LLC 46 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN Kyle Wilkin’s Fresno Business Tax Certificate for Poki Bowl Express showing he was in business since June 2017: CRESCENT COSMOS LLC 47 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN 2.6 STAFFING PLAN Applicant intends on hiring 19 employees to operate its dispensary. By providing well-paying jobs and offering generous benefits to our employees, Applicant hopes to attract top-level candidates to staff our dispensary who serve as ambassadors for the Crescent brand. STAFFING PLAN Title Number Description Salary Applicant's 24-hour Community Relations Contact . Engaging with local Owner/Director of Local non-profits and maintaining a positive relationship with the 1 surrounding community. Conducting outreach in the community to Owner share of profits Equity and Business Affairs further Applicant's goal in assisting and creating opportunities for local social equity businesses. Developing and implementing an educational program based on current Owner/Director of Education 1 research in the cannabis industry. Developing business strategies which Owner share of profits utilize a sound operating structure . Responsible for obtaining all necessary city and state licenses and Consultant/ Director of permits and ensuring all permits and licenses are in effect and renewed Compliance 1 as required. Conduct quarterly compliance audits of the facility while Hourly Consultant Fee monitoring any changes to local and state rules and regulations . Develop and maintain policies and procedures that comport with city and state cannabis laws and regulations. Overseeing Applicant's operations, record keeping, and regulatory General Manager 1 compliance . Opening and closing dispensary. Ensuring proper $75,000 I year procedures are followed by sales associates, receptionists, security, and other staff. Following up on the resolution of community complaints. Assisting the General Manager in overseeing Applicant's operations Assistant Managers 2 including supervising and assisting sales associates and inventory $50,000 / year managers. Following up on the resolution of community complaints. Purchasing and restocking cannabis goods, seeking out sustainable and equity options for shelving, and coordinating delivery and receipt of Director of Product cannabis shipments from vendors. Storing and securing cannabis Procurement and Inventory 1 inventory. Receiving shipments from cannabis vendors. Ensuring that $40,000 / year Manager inventory is reflected in the statewide cannabis verification system. Discardi ng and disposing of damaged, expired, or otherwise unfit inventory. Monitoring Applicant's premises. Greeting customers and verifying Security Guards 3 customers' age. Ensuring proper functioning of Applicant's security $25 / per hour systems. Patrolling area surrounding Applicant's premises. Responding to after-hours alerts regarding dispensary security. Guiding customers through their cannabis purchasing experience. Providing customers with information such as dosage, latency, and Sales Associates 10 effect. Performing quality assurance checks on all products prior to $20.00 -$25.00 per hour customer purchase. Operating the point-of-sale system. Maintaining the Dispensary Sales Floor . Receptionists 2 Clerical duties, verifying purchaser age and identity, maintaining $20.00 -$25.00 per hour Applicant's Visitor Log and controlling access to Dispensary Sales Floor CRESCENT COSMOS LLC 48 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN 2.7 LABOR PEACE AGREEMENT As a hopeful employer of 19 initial employees with aspirations to grow, Applicant recognizes and supports the rights of workers to organize into a labor union. Applicant has entered into a Labor Peace Agreement with UFCW 8. As an experienced consultant and entrepreneur in the cannabis space, Aaron Herzberg’s dispensaries have historically had collective bargaining agreements with the UFCW. Applicant expects its employees to be sat- isfied with the benefits it provides but ultimately recognizes that the decision to unionize lies with its employees. Applicant will remain neutral and not disparage any workers who decide to organize. See Fig. 4. FIG 4. DocuSig n Envelope ID: 4048A2F1 -AEB0-47E 1-92B9-56130 FC E809A Jacques Loveall Prcs icl cm l111 crna 1ional Vice l'rcsicl cn1 Labor Peace Agreement CRESCENT COSMOS, LLC ("the Company") and the United Food and Commercial Worke rs Union , 8-Golden State ("the Union") hereby agree to the following terms : 1. Neutrality and Non -Disparagement. The Company agrees to take a neutral approach to un ionization of workers , meaning that the Company , which also includes any manage rs , agents, and representat ives , will neither help nor hinder the Union's ·organi zing effort , including making any statement or taking any action that directly or indirectly indicates or implies any opposition to workers selecting the Union as their collective bargaining representative , or directly or indirectly supporting or assisting in any way any person or group who may oppose the Union. Th is includes the Company refraining from making negative comments or otherwise demean by word or action the Union, Union representatives , or unionization . The Union agrees to refrain from exercising its rights to picket , handbill and engage in other economic activities against the Company's facilities or operations ; however, if the Company recognizes another union as the bargaining representative of any workers , the union 's obligation will automatically cease to apply to those workers ' facilities or operations. In addition to refraining from exercising its rights to picket , handbill , and engage in other econom ic activites against the Company , the Union agrees to be neutral in its communication with the Company 's employees and will not disparage the Company or paint ii in a bad light to its employees or to the public . 2. Bargaining Unit: The Union will not ify the Company of the facilities and/or operations for which the union seeks to invoke this agreement's unionization process and , in this notice, the Union will des ignate the barga ining unit. The Union is not limited in the number of t imes it can provide such not ice and invoke this agreement's unionization process for any of the Company's non-supervisory or management employees ; provided , however , that such notice and invocation of th is Agreement's unionization process will be of a freequency that will not unreasonably interfere with or hinder the Company's day -to-day operations. 3. Access . The Company grants the Union and its Union representatives access onto the Company's premises during working hours to speak with bargaining unit employees during non-work ing time , including meal periods and rest breaks . The Company will cooperate wit h the Union in making arrangements to permit these conversations to be held in non-restricted areas where the employees will be able to spea k to the Union representatives without mon itoring by the Company . 4. Meeting . At the Union 's request , the Company will conduct a meeting on a mutually agreeable date (s) and time(s) with all of the barga ining unit employees . At the meeting , the Company will tell the employees that ii is neutral , does not object to their talking to and supporting the Union , and will negotiate a collective bargaining agreement (CBA) with the Union if a majority of the bargain ing un it employees designate the Union as thei r collective bargaining representat ive. Union rep resentatives will attend the meeting and , after the Com pany has introduced them and left the meeting , the Union representatives will talk with the employees about the Un ion . CRESCENT COSMOS LLC 49 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN FIG 4. DocuSign E nvelope ID: 4048A2F1-AEB0-47E1-9289-56130FCE809A 5. Contact information . At the Union's request, the Company shall furnish to the Union the names, job classifications, home addresses, cell phone numbers, home phone numbers and email addresses, if known, of the bargaining unit employees (collectively, "contact information "). The Company further agrees thereafter to provide updated worker contact information , as reasonably requested by the Union , but in no event more than once every thirty (30) days. 6. Recognition . When a majority of bargaining unit employees designate the Union as their collective bargaining representative, the Company will recognize the Union as the exclusive representative of the bargaining unit, provided that the Union may assign jurisdiction and representation rights to any of its affiliates. At either party's request , a neutral third party may confirm majority authorization. The Company and the Union will comply with all requirements necessary to obtain certification of the Union as the exclusive bargaining representative of the.se employees. 7. Elections . The Company waives the right under the National Labor Relations Act to file any petition with the National Labor Relations Board for any election in any bargaining unit subject to this agreement by itself or as part of a larger unit, and agrees to refrain from directly or indirectly supporting any such petition . If any election petition is filed, the Company agrees that, at the Union 's request, the Company will enter into a full consent election agreement under Section 102 .62(c) of the NLRB's Rules and Regulations under the terms the Union and the Company determine . The Company waives the right to file any unfa ir labor practice charge related to or based on this agreement, the Union's demand for recognition under this agreement, the Union's election, or any other matter related thereto, and further agrees to refrain from directly or indirectly assist in g with or supporting any such unfair labor practice charge . 8. Bargaining. With in 20 days from the date of recognition, the parties will begin good faith bargaining for a CBA covering the bargaining unit. If the Union and Company are unable to agree to a collective bargaining agreement within 90 days of commencement of negotiations, the parties agree that either the Company or the Union may requ ire that all open provisions and issues be submitted to final and binding interest arbitration per the subsection titled herein "Arbitration". The arbitrator shall be guided by the: (i) Company's size , type of business, and financial ability; and (2) the employees' ability to sustain themselves, their families and dependents on the wages , hours, and benefits they earn from the Company , and the living wage for their family size and region, as indicated in the MIT Living Wage Calculator (http://livinqwaqe .mit.edu/). 9 . Arbitration . The parties agree that final and binding arbitration will be the exclusive remedy for any alleged violations of this Agreement and any dispute or claim arising from or relating to the interpretation or application of any provision of this Agreement. Unless they promptly agree on an arbitrator, the parties will proceed to exped ited arbitration using the American Arbitration Association 's rules and procedures . The arbitrator is authorized to compel the attendance of witnesses and the production of documents at the arbitration hearing, and to award appropriate monetary, injunctive and declaratory relief. The parties agree not to challenge the aribtrator's award as the order of judment of a United States District Court, without notice . Company waives the right to challenge any aspect of this Agreement before the NLRB , any other state or federal government agency , or any court . 10. Successorship, affiliated companies and subcontractors. This agreement will be binding on the part ies' successors and assigns, including all purchasers of the Company's assets or business, and in the event of a merger. This agreement is also binding on any and all corporations , partnerships , organizations and sole proprietorships affiliated with or related to the Company's business activities at Company's licensed premises. If the Company intends to subcontract any work performed by bargaining unit employees, the Company agrees to require the subcontractor, in writing, to comply with this agreement. 2 CRESCENT COSMOS LLC 50 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN FIG 4. DocuSign Envelope ID: 4048A2F1-AEB0-47E 1-92 B9-56130FCE809A 11. Severability . If any provIsIon of this Agreement is held illegal , void or inval id under any applicable law, the parties will meet and confer to amend the provision to make it legal, valid and binding , and the remaining provisions of this Agreement will remain binding and enforceable according to their terms and the parties' intent. 12 . Term of Agreement. The term of this agreement is 2 years from the date of this agreement. The term will renew for additional 1-year terms unless and until either party gives the other written notice no sooner than 60 days and no later than 30 days prior to the expiration. 13. Confidentiality. The Company and Union agree that all terms and conditions of this agreement are confidential and proprietary between the parties and shall not be disclosed to anyone else, except as may be necessary to effectuate this agreement, as required by law or court order, or as mutually agreed upon in writing prior to disclosu re. Location currently open/Date ____ _ Location in license review/30 from opening _____ _ Kyle Wilkins For the Company (print name) Signature 11/18/2020 Date Crescent Cosmos, LLC Company/Company Name 1610 E Gettysburg Ave. Fresno, CA Address 559-285-4841 Phone Jacques Loveall , President For the Union (print name) ¥s~-V Sign Date United Food & Commercial Workers Union, 8-Golden State Union 2200 Professional Drive Roseville, CA 95661 Address 916-786-0588 Phone 3 CRESCENT COSMOS LLC 51 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN 2.8 WORKFORCE PLAN Applicant appreciates the importance of hiring responsible, local individuals who will represent it in the com- munity. Applicant’s frontline employees are its ambassadors in the community and Applicant recognizes the importance of hiring staff that will be reflective of its goals. Applicant will seek out workers who are respectful, collegial, hardworking, and representative of the City of Fresno. As mentioned above in Section 2.4, Applicant has preferential local hiring practices and is committed to hiring 95% of its staff from the local Fresno community. 2.8.1 HIRING PRACTICES Applicant is committed to ensuring that its new hires reflect the local population and will always make hiring decisions with an eye towards quality, equity, and providing accessible opportunities to the cannabis industry for others. Applicant embraces diversity among its workforce and will provide opportunities to qualified minority candidates at all levels of its business. There is an intrinsic value to diversity in the workforce and offering opportunities to those who have been historically disadvantaged by the discriminatory enforcement of cannabis laws is a vehicle for Applicant to help further this goal. Applicant intends to provide opportunities to high-quality individuals that might have otherwise been shut out. To achieve this goal, Applicant will utilize reputable job-seeking websites such as Indeed, LinkedIn, and Ziprecruit- er to ensure that Applicant’s workforce is made up of no less than 95%, mostly diverse, Fresno residents. Ap- plicant intends to participate in local job fairs and will prioritize the hiring of local candidates who reflect and embrace the Fresno population. Applicant’s hiring plan far exceeds the regulation’s 30% local hiring criteria. In order to meet the criteria of Applicant’s preferred local hiring plan, prospective employees will need to provide documentation, such as driver’s licenses, utility bills, or other such documents that establish that the prospective employee has resided in Fresno since at least March 2019. Applicant is committed to soliciting applicants from diverse backgrounds, including from diverse racial, reli- gious, and ethnic backgrounds. Applicant realizes that the diverse life experiences contributed by each of its employees will better enable it to provide a safe and comfortable environment for every customer. Applicant will apprise city councilmember staff of open positions to solicit the best and most inclusive crop of candidates that the City Fresno has to offer. Applicant is a strong proponent of social justice and remediating wrongs incurred from discriminatory enforcement of past cannabis laws. Applicant plans to make hiring decisions that help those who have suffered harm in the past from convictions for nonviolent cannabis-related crimes. To ensure that we are meeting our high standards, Applicant is committed to assessing its performance in these areas through review from third-party diversity consultants. Further, as outlined in more detail in Section 2.3, Applicant promotes from within whenever possible. This practice enables Applicant’s employees to grow with us and join Applicant on future ventures such as expansion into new stores and markets. 2.8.2 WORKFORCE DEVELOPMENTApplicant is committed to the betterment of its workers both as employees and as people. To further this goal, Ap- plicant will provide opportunities to its employees to develop their skills in order to further their careers within the cannabis industry. Applicant accomplishes this goal through the institution of a mentorship program to connect employees with cannabis industry insiders and providing paid time for this development. Further, Applicant will sponsor employees’ attendance at trade shows, as well as provide opportunities through its Employee Education CRESCENT COSMOS LLC 52 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN Compensation Program. Additionally, as a responsible Fresno community business, Applicant will select, enroll, and pay for at least one employee and one manager to complete the 30-hour Cal-OSHA general industry outreach coursework, in conformance with FMC § 9-3316(c) and Business and Professions Code § 26051.5. In-House Apprenticeship Program Applicant knows that not every Sales Associate will be a full-fledged budtender from day one. In order to introduce Applicant’s new hires to the complex world of budtending, Applicant will establish an in-house apprenticeship program where workers will be paid to learn on the job. New hires will be paired with Applicant’s more senior sales staff and be given the opportunity to shadow our best Sales Associates and work practice shifts under their supervision. The apprenticeship period will last for the first 60 days of every new employee’s tenure at Applicant’s dispensary and include opportunities to earn additional compensation for completing remote training modules and watching educational lectures. Modules will be designed to jumpstart each new hire’s career development and include instruction on business risk and safety while working with cannabis, and customer service optimization. Additionally, existing employees who wish to climb the cannabis corporate ladder will be given their own opportunity to apprentice with our management, executive, and ownership teams. Employee Education Compensation Program As discussed above in Section 2.3, Applicant acknowledges the value in maintaining a well-educated staff, aware of the most recent developments in the cannabis industry. In order to accomplish this goal, Applicant intends to initiate an integrated Employee Education Compensation Program, where employees can engage with partnering experts of the cannabis industry to gain an inside view on how to better capitalize their knowledge of the industry. Alternatively, the Employee Education Compensation Program will also provide employees with the opportunity to attend continuing education conferences and community college with the goal of giving employees a better un- derstanding of management, communication skills, graphic design, leadership, accounting, and other disciplines that will enable employees to flourish in their work and development. Employees who are willing to engage in their own development will be fast-tracked when opportunities for promotion become available. Fresno City College Scholarship As discussed above in Section 2.3, Applicant will provide one of its employees with a scholarship that covers the cost of one year of attendance at Fresno City College. On top of the scholarship, Applicant will provide the student with mentorship from our executive team. Fresno Chamber of Commerce Leadership Program Applicant is currently working with the Fresno Chamber of Commerce, of which it recently became a member, to learn more about its Leadership Fresno initiative application proce- dure. While Leadership Fresno is not currently accepting appli- cations, Applicant intends to place as many management-level employees as possible with Leadership Fresno to help Fresno adjust to the retail cannabis scene. Applicant’s employees are expected not only to become mem- bers of the community in good standing, but leaders responsible for shaping Fresno’s future. 2.8.3 LIVING WAGE As discussed in section 2.1, Applicant is committed to paying a starting minimum wage of $ an hour for all employees, well above the living wage for the City of Fresno as calculated by the Massachusetts Institute of Technology (MIT). Applicant sets its wages based on MIT’s living wage calculation, which lists the living wage in Fresno County at $11.61. Applicant plans to start its employees’ hourly wages at $ per hour, exceeding MIT’s living wage estimate by over 69%._________________________ https://livingwage.mit.edu/counties/06019 [3] 3 Fresno City College CRESCENT COSMOS LLC 53 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE PLAN 2.9 SOCIAL EQUITY INCUBATOR Applicant is committed to helping create fair and equitable conditions in the cannabis industry. In addition to re- mediating past harm through our hiring practices, Applicant is committed to offering its experience to help histor- ically disadvantaged groups of people enter the market as dispensary owners through the creation of a mentorship program, providing consulting services, and by dedicating product shelf space. Equity Mentoring Applicant will provide regular application workshops and training for local residents on cannabis dispensary operations. Additionally, Applicant will host discussions with industry experts to provide local residents and staff with insight as to how to properly craft their cannabis application. Consulting Services Consultant and Director of Compliance, Attorney, Aaron Herzberg, Esq., will leverage his knowledge and connections gained from his experience in the cannabis industry as Managing Partner of Puzzle Group Law to the benefit of local cannabis permit applicants by offering technical as- sistance, application support, and facilitating others’ access to legal and financial assistance to help disadvantaged owners get on equal footing on behalf of the Applicant. Applicant will also provide yearly application workshops and trainings for local residents to get involved in the can- nabis industry. Applicant will actively and continually encourage equity employees to embark on their own journey to open their own equity appli- cant dispensaries. Additionally, Applicant will allow pre-screened equity applicants to shadow management and learn firsthand how its business operates. Fresno Community Reinvestment Fund If selected to operate, Applicant will contribute 1% of its first-year gross revenue to the Fresno Community Reinvestment Fund, as stated below in section 7.3. Equity Product Shelf Space Applicant appreciates the opportunity to work with equity brands through mutually beneficial partnership oppor- tunities. Applicant will reserve at least five percent (5%) of its shelf space to products from equity cultiva- tors and manufacturers. Applicant will provide preference in allocating this shelf space to equity brands that are local and meets the criteria for equity applicants listed in FMC 9-3316(b)(6)(iii). While these measures will not be able to help every individual adversely impacted by the War on Drugs, Appli- cant believes that such measures are an important step in the right direction. Applicant is eager to partner with worthwhile and worthy causes to promote the next generation of cannabis entrepreneurs and remedy historical harms. It is Applicant’s duty, if it is so fortunate to be selected, to help eradicate barriers that prevent qualified equity applicants from opening up their own dispensaries. CRESCENT COSMOS LLC 54 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN Applicant realizes that it cannot succeed without the support of the neighboring community and is therefore fo- cused on maintaining collegial relationships with its neighbors and mitigating any negative secondary effects that may occur as a result of its business operations. In addition to mitigating nuisances, Applicant is actively seeking out partners in the community and has already joined the Fresno Chamber of Commerce, which is one of the largest chambers in California, the Fresno Area Hispanic Foundation, which supports the start-up and growth of Hispanic businesses in Central California, and the Fresno Metro Black Chamber of Commerce, which advocates causes advancing the interests of African American-owned businesses. Applicant hopes that partnering with local businesses and suppliers can help the Fresno community thrive as it grows. Applicant views its dispensary not only as a business opportunity but also as a way to educate the public at large about the benefits of cannabis. It hopes to make and maintain meaningful connections with Fresno’s residents. Applicant’s Neighborhood Compatibility Plan has been tailored to prevent and mitigate the harms that are perceived or experienced through cannabis retail operations. Applicant’s plan is both flexible and mature, using tried and true methods of mitigating negative externalities while at the same time allowing meaningful room for community input and engagement. Applicant’s plan is adaptable to the changing circumstances of the neighborhood and will be regularly evaluated and reviewed to ensure that Applicant is proactively addressing neighborhood concerns. Applicant places a high value on building and maintaining relationships with the surrounding community. Our operation cannot exist in the long term without earning the respect and appreciation of our neighbors. In order to help ensure that our employees engage local residents and businesses with the respect they deserve, Applicant has crafted its own Good Neighbor Guidelines as detailed below. Additionally, Applicant will regularly solicit com- munity feedback through surveys and by asking the community for suggestions about how it can better operate its business. Location Applicant has selected its location and designed its operation to complement the community and minimize any potential negative impacts. Applicant’s location is a standalone building in a medium-sized parking lot large enough to accommodate all of Applicant’s clientele. The parking lot is fenced in on all sides with two openings, one for ingress and one for egress traffic. The distance of Applicant’s location from other proximate businesses and residents provides the ideal location for Applicant’s dispensary to operate and will limit the possibility of neighborhood conflict over its operations. Applicant’s location being entirely fenced greatly limits the possibility of its presence becoming a nuisance for neighboring businesses and residents. Our placement in the area will offer the potential of attracting valuable foot traffic to neighboring businesses as well as decreased crime rates. Counter to popular public perception, studies have demonstrated the ability of retail cannabis dispensaries to decrease local crime rates and actually increase neighboring property values. By displacing illicit criminal organizations through increased surveillance measures, legal retail dispensaries pro- vide neighboring businesses with an extra layer of security. CRESCENT COSMOS LLC 55 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN 3.1 COMPLAINT RESOLUTION AND PROACTIVE MANAGEMENT MEASURES Community Relations Contact Applicant believes in resolving complaints in a thorough but friendly manner. To demonstrate the importance of directly addressing complaints, owner Kyle Wilkins will serve as Applicant’s Community Relations Con- tact. As a resident of the neighboring City of Clovis, Mr. Wilkins will provide Applicant’s boots on the ground presence and be responsible for following up on any complaints concerning Applicant’s operations. As a success- ful business owner who works with low income and underprivileged applicants to secure financing and favorable lending terms, Mr. Wilkins has earned the respect of the local community. Applicant will provide Mr. Wilkins’s contact information to all businesses and residents within 1000 feet of Applicant’s storefront and post his contact information in conspicuous locations on the outside of the storefront, in the lobby/sales floor, and Applicant’s so- cial media pages. Mr. Wilkins will help ensure that all complaints are promptly addressed and resolved with polite and unwavering professionalism. Crescent has a culture of encouraging employee and community feedback in order to be a good neighbor and have a transparent and accountable relationship with its neighbors. Noise Reduction Applicant will proactively work on reducing the noise emitted from its premises and parking lot. Part of being a good neighbor means not disturbing nearby businesses and residences and attracting no more attention than necessary to run a successful business. Applicant will prohibit the use of outdoor speakers and pagers and play no music inside, other than ambient music in the reception area. Further, as a safeguard, Applicant will soundproof the premises to avoid irritating neighbors during the ordinary course of its operating hours. All noise generated will be kept inside the building, as Applicant will aim to keep an undetectable street-facing presence. If any noise complaints are noted by neighbors, such complaints will be promptly addressed. Lighting Applicant will prioritize safety in its outside lighting. The area will be well-lit, which is vital for security and customer safety, but Applicant will take precautionary measures to limit any light pollution that could become an annoyance to its neighbors. Applicant will address lighting concerns proactively in the following ways: (i) Applicant will not illuminate its interior premises at night more than is strictly necessary for security monitoring; (ii) the intensity of Applicant’s outdoor lighting will at no time be more than is necessary to ensure that the premises is secure and free from loi- tering; (iii) Applicant’s exterior lighting will utilize shielding which will direct light only at those areas that are necessary to be lit, and will not intrude into neighboring properties. Applicant’s management will conduct periodic reviews of lighting and solicit feedback from neighboring proper- ties to ensure that friendly relations with neighbors can continue to exist in perpetuity. Odor Applicant’s goal is to minimize its external impact on the neighborhood by keeping cannabis odors undetectable. Applicant understands that cannabis odor can be unpleasant for the surrounding neighborhood and will proactive- ly manage cannabis odor in several ways through its comprehensive Odor Management Plan. Under Applicant’s Odor Management Plan (as set forth herein in detail in Sections 3.3-3.5), Applicant will only accept and sell pre-packaged cannabis products so as to minimize odor and the possibility of on-site consumption. Cannabis odor-producing activities such as cultivation, packaging, and consumption will be strictly prohibited on site. Applicant will use a commercial carbon filtration system to purify the air inside the building and ensure that no cannabis odor leaks into the surrounding area. Both regular employees and security will be tasked with CRESCENT COSMOS LLC 56 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN monitoring the workings of the carbon filtration system and schedule repairs and replace filters when necessary. If any cannabis odor becomes detectable outside the retail premises, Applicant shall retain engineers to promptly remediate the issue. Applicant’s Odor Management Plan will be addressed more fully in Sections 3.3-3.5 below. Management will ensure that employees remain vigilant and proactive in identifying and addressing odor concerns. Parking and Traffic Applicant’s location on 1610 East Gettysburg is a standalone building with sufficient parking space to more than accommodate the needs of Applicant’s clientele. The parcel is a fenced-in location with a parking lot that contains six (6) existing parking spaces with plans to add an additional 14 parking spaces, which can be easily accomplished in the existing lot. In light of the location’s proximity to the City’s major thoroughfares, which is discussed in further detail below in Section 6.1, Applicant does not anticipate that its operations will exacerbate traffic issues. Applicant will do its part to advertise the ease and accessibility of its parking to mitigate the risk of customers parking on residential streets and disrupting neighbors. Applicant will post parking instructions in and around Applicant’s premises and include the location and desirability of parking in Applicant’s lot in any adver- tising. Security staff will be instructed to identify individuals who habitually park in residential areas and politely request that they cease doing so. Customers will be made aware of the importance of Applicant’s Good Neighbor Guidelines to its continued operations as a cannabis dispensary. To prevent parking from becoming a problem for neighboring landowners and businesses, Applicant will install signage on the spaces in front of Applicant’s location. Applicant will instruct its external security guard to actively monitor the parking habits of Applicant’s consumers and politely ask that customers move their vehicles when improperly parked. If security identifies customers who habitually park in spaces outside of Applicant’s desig- nated parking spots, the customer will be given warnings and then may be prohibited from entering Applicant’s dispensary at the discretion of management. In instances where management expects a high volume of traffic, such as when the dispensary puts on promotional offers, management will have access to a parking attendant who will be able to direct overflow parking. Pedestrian Traffic Applicant does not anticipate a great deal of foot traffic at its location but will put in place proactive measures to ensure problems do not arise. Applicant will advise pedestrians to enter Applicant’s premises from E. Gettysburg Avenue. Applicant will ensure that the parking lot is well lit and monitored continuously by security personnel because the safety of all of its customers is integral to Applicant’s success. Applicant’s onsite security will active- ly patrol the parking lot to ensure that there are no customers loitering, avoiding disruption of the surrounding neighborhood. Daily Litter Patrol Applicant recognizes that its image in the community depends on keeping a clean image. Part of this image will be based on how clean Applicant keeps its business premises and the surrounding area. To maintain a safe and clean environment, Applicant will work proactively to prevent loitering and littering outside of Applicant’s building. Further, signage will be clearly and conspicuously posted inside and around Applicant’s premises prohibiting both activities and warning that violators may be denied access to Applicant’s dispensary. Applicant will maintain a daily litter patrol of the property to ensure the property is constantly clean and free of litter. Applicant will ensure to clean up the whole lot for all of the neighboring businesses and maintain a pristine site that the City can be proud of. Applicant’s staff will actively patrol Applicant’s premises during daily walkarounds and pick up and dispose of any improperly discarded litter. Should litter become a problem, Applicant will work with the City’s CRESCENT COSMOS LLC 57 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN sanitation department to install City-approved exterior garbage cans which will bring both awareness and a solu- tion to the problem. Applicant will politely and continuously remind its customers that our continued operation in the Fresno community is dependent on everyone working together to keep clean the reputation of our cannabis dispensary. Responding to Complaints Applicant values neighborhood feedback and takes all complaints seriously. Applicant knows the important role maintaining exceptional community relations plays in becoming a long-term member of the community. While the steps outlined above demonstrate Applicant’s commitment to preventing problems, should Applicant receive complaints, its follow-up procedures will ensure that they are quickly and thoroughly resolved. Applicant has developed a complaint intake, investigation, and response procedure to comprehensively address complaints and provide assurances to the surrounding community. Additionally, Applicant intends to actively solicit feedback from community members about ways to improve operations and relations. Complaint Intake Applicant has developed multiple channels for receiving complaints. This includes telephone numbers to both the manager on duty and the general manager, contact information for the Community Relations Contact, an email address to reach the management team, physical mail, personal visits, social media pages, and complaint intake form. Such contact information will be published at the front door to the prem- ises, at the reception desk, and on Appli- cant’s social media pages. If community members are unable to speak with a live representative, Applicant will institute a policy that all members of the community will receive a notice within 24 hours that their complaint has been received and that they will additionally be appraised of its status throughout the resolution process. Applicant’s employees will record the name of the person filing the complaint, as well as references to applicable company operations relating to the complaint and the remedy sought. Community members who wish to remain anonymous may do so. Applicant records the community members’ contact information in order to follow up and provide notice within 24-hours that the complaint has been resolved. Date: ____________ _ Name: ____________ _ Phone#: ----------- Em ail: ------------- Complaint/ Concern: Received by: ____________ _ Investigated by: __________ _ Reviwed by: ____________ _ Resolution: CRESCENT COSMOS LLC 58 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN Investigating Complaints The General Manager will be charged with investigating all complaints but may delegate discreet duties during the investigation process. All complaints will be treated seriously and fully investigated in conformance with Ap- plicant’s complaint resolution procedures. Investigations will be conducted with resources proportional to their level of seriousness, scope and nature. The investigating party may conduct interviews, review security footage, examine documents, and use reasonable diligence to determine the best course of action in addressing the com- plaint. Depending on the type of complaint, the General Manager will conduct an investigation including, but not limited to, the following: For serious complaints not ordinarily encountered and that have no apparent immediate resolution, the General Manager will convene a meeting of the entire management team and/or ownership to attempt to resolve the issue. Once the investigation has concluded, the General Manager will make a recommendation and take corrective action. Maintaining Complaint Records The General Manager will document all stages of the complaint resolution process. Additionally, Applicant will record the resolution implemented, alternative options considered, if any, and whether the complaint was the vestige of a prior complaint. Documentation should be sufficiently clear to evidence that the General Manager expended sufficient time and effort in attempting to resolve the complaint. Applicant will maintain a record of all complaints within its record-keeping system, which will be maintained for a minimum of seven years. Noise ◄1» Light f Odor $~$ Traffic /=a · Verify whether · Check whether · Check whether · Check parking lot noise can be heard bulbs are the proper carbon filters are for existence of outside of the wattage working properly complaint premises · Check whether · Check · Verify all · Verify that the light shields are maintenance logs parking-related dispensary was not facing downwards and whether filters signage playing music other have been recently than ambient sound · Check common changed · Check security area lights and cameras at time of · Verify that large follow up with • Check whether complaint. crowds were not property windows and doors causing the noise management are closed complained of · CheckHVAC • Verify that all system and how it is windows and doors expelling air. to the premises are closed. CRESCENT COSMOS LLC 59 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN Follow up with Complainant The General Manager will keep the complainant apprised of the status of their complaint to the extent requested. At a minimum, the General Manager will notify the complainant of the outcome of the investigation. If upon completion of the investigation no definite source of the complaint can be found, the complainant will be notified that an investigation was conducted but no remedy could be instituted at the given time. The complainant will then be invited to report additional complaints of the same nature and work actively with management to address the issue to their satisfaction. The General Manager will emphasize that notification of additional complaints should be made as soon as possible to enable Applicant to conduct a thorough and meaningful investigation. Corrective Action If a complaint is substantiated, Applicant will initiate corrective action and prevent the same issue from reoccur- ring in the future. Corrective actions taken to complaints will be logged so that they may be reviewed and evalu- ated to see if any systemic issues in Applicant’s business operating procedures require restructuring. 3.2 NUISANCE MANAGEMENT Operating in the City of Fresno is a privilege and Applicant’s continued place in the community is dependent on maintaining strong community connections. Applicant intends to institute a continuous community outreach effort that will ensure its operations do not adversely impact the quality of life in the neighborhood. Applicant will encourage community involvement to prevent nuisances from arising and promote open communication with neighbors to address them when they do. Applicant strives to change some peoples’ misperceptions of the canna- bis industry with a sterling reputation for being a respectful neighbor. Canvassing Prior to licensure, Applicant’s employees, under the supervision of owner Kyle Wilkins, will canvass local neigh- borhoods within 1,000 feet of Applicant’s premises. During each introductory meeting, Applicant’s employees will provide residents and store owners with information that includes Applicant’s core values, as well as contact information to reach Applicant should they have any concerns. Each local resident will be given the opportunity to learn more about Applicant’s operation, including its commitment to maintaining strong relations as a good neighbor. Good Neighbor Guidelines Applicant appreciates that local residents working and living near the dispensary have a right to enjoy their property and the surrounding community in peace and quiet. Applicant will implement dispensary-wide Good Neighbor Guidelines to address and preempt many concerns that neighbors may have about our operation. The Good Neighbor Guidelines will help inform the conduct of staff and customers to ensure that our opera- tion is always respectful of neighborhood concerns. Applicant’s Good Neighbor Guidelines have been created with an eye towards cleanliness, safety, and consideration for neighbors and the community. Disorderly conduct, public consumption of cannabis, rowdiness, loud music, and loitering are against Applicant’s core values, and customers and staff who engage in such behavior will not be permitted back on Applicant’s premises. Security and management will actively enforce the Good Neighbor Guidelines and complaints and negative behavior will be addressed immediately. Further, Applicant’s Good Neighbor Guidelines will include items to support the local community, including hav- ing a full-time community relations contact, working with local merchant groups and the Chamber of Commerce to support businesses, prioritizing local hires, and patronizing local service providers and suppliers whenever possible. CRESCENT COSMOS LLC 60 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN Applicant’s Good Neighbor Guidelines will address the following: Premises Management Applicant will actively monitor the surrounding area by having the external security guard conduct routine patrols. Applicant will provide for the restoration of any area defaced by graffiti by either painting over the area with a color matching the original or removing the graffiti within 24 hours of the occurrence. Security guards will report all instances of graffiti to management who will log the occurrence and address it appropriately. If Applicant is unable to independently remove the graffiti, management will contact the City of Fresno to schedule graffiti removal. 1. Appoint a Community Relations Contact, whose name and phone number will be posted at the entryway of Applicant's dispensary and mailed or hand-delivered to neighboring businesses and residents within a one-block radius. 2. Ensure that all cannabis products are procured from and transported by State-licensed facilities that comply with all requirements of State and local law. 3. Prohibit the sale and consumption of alcoholic beverages, tobacco products at Applicant's dispensary. 4. Prohibit the consumption of cannabis on the dispensary premises and actively monitor to ensure compliance. 5. Ensure that management regularly checks both customers and employees to make certain that no one is under the influence of drugs or alcohol while on the business premises. 6. Provide adequate outside lighting to ensure that outside streets, sidewalks and parking areas are well-lit. 7. Ensure that complaint forms are conspicuously placed in the reception area and available to patrons and residents. 8. Prohibit loitering and patrol the surrounding area to ensure compliance. 9. Prohibit littering and patrol the surrounding area to ensure that improperly disposed of waste is collected and disposed of. Litter patrols will be conducted twice daily, at a minimum. 10. Ensure the dispensary premises are continuously maintained in a clean, safe, and neighborhood friendly manner. CRESCENT COSMOS LLC 61 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN Applicant intends to devote substantial effort to maintain a good and transparent working relationship with lo- cal law enforcement. Security will establish a strong relationship with law enforcement by regularly conducting patrols outside Applicant’s premises to deter loitering and vandalism. Additionally, Applicant will post signage consistent with Applicant’s zero-tolerance policy of on-site consumption of alcohol, cannabis, or tobacco around Applicant’s premises in conformance with FMC § 9-3309(h). All of Applicant’s employees will be charged with maintaining the internal and external premises of Applicant’s building and will be highly focused on ensuring Applicant’s unblemished neighborhood image. Staff will rou- tinely pick up discarded litter around the premises, make sure public walkways are clean, and also sweep the area around Applicant’s storefront. Additionally, clear signage will be posted admonishing littering and loitering, while also clearly guiding customers to the entrance of Applicant’s storefront to ensure a safe and efficient pur- chasing experience. Safety and Security Applicant realizes the unfortunate reality that some community members may harbor negative perceptions of the cannabis industry due to historical stigma and will work proactively to ensure that Applicant contributes a safe, friendly, and secure presence to the neighborhood. As outlined above and detailed in the security section, Appli- cant has developed a comprehensive, results-based security plan. Applicant’s security plan will prevent nuisances before they happen by adding a multi-level watchdog to the neighboring community. Applicant’s security plan includes high-quality security cameras, commercial-grade locking systems, and a professional but friendly staff of security guards. 3.3 ODOR MITIGATION One of the negative externalities of cannabis businesses that local business owners and residents worry about most is cannabis odor leaking from retailers premises. Odor has the potential to disrupt residents’ quality of life, exacer- bate respiratory problems, and lower property values. A well thought-out odor mitigation plan is key to combating this concern. Applicant will proactively manage concerns regarding odor in several ways. As mentioned above, Applicant will only accept and sell pre-packaged cannabis products so as to minimize odor and the possibility of on-site consumption. Additionally, cannabis odor-producing activities such as cultivation, packaging, and con- sumption will be strictly prohibited on site. Applicant’s decision to sell only pre-packaged sealed cannabis goods and limit customer display opportunities will strongly mitigate any potential cannabis odor emanating from Ap- plicant’s premises. These practices, together with Applicant’s Odor Control Devices and Techniques described below in Section 3.5, will provide peace of mind to neighboring business owners and residents alike. 3.4 POTENTIAL SOURCES OF ODOR The potential sources of odor at the location include the cannabis inventory room and the retail sales floor. All safes in which cannabis is stored are securely sealed to limit emanating odors. The only products that could emit any cannabis odor, at all, are Applicant’s cannabis flower which are prepack- aged to mitigate such an effect. The smell emanated from tinctures, oils, and topical products is negligible, and will not permeate their packaging at all. Inventory Managers and Sales Associates will regularly inspect Appli- cant’s Cannabis inventory to ensure that all jars are properly sealed and that no product packaging has been punc- tured or otherwise damaged. Employees will be trained to detect improperly sealed packaging, adjust ventilation, and seal areas where cannabis is stored to mitigate the detectability of cannabis odor. Finally, Applicant will liberally apply odor-neutralizing materials such as enzymatic catalysts to degrade odorous compounds and make them less detectable. The odor-neutralizing compounds are non-toxic and routinely used in cultivation and manufacturing facilities to reduce the presence of odor. CRESCENT COSMOS LLC 62 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN 3.5 ODOR CONTROL TECHNIQUES AND DEVICES Applicant will deploy leading odor-control technology to combat cannabis smells and ensure that the odor does not leave Applicant’s premises. Applicant’s odor control protocol far exceeds the cannabis industry standard by utilizing both carbon filtration and ultraviolet air purification technology. Carbon Filtration Applicant’s carbon filtration system ensures that the air inside the dispensary is fresh and the air outside the facil- ity is free from the smell of cannabis. Applicant’s pleated carbon filters attached to the ducting of the dispensary’s ventilation system will create back pressure to draw and clean the air in the facility. Negative air pressure occurs when the air being brought into a room is lower than the air being exhausted from it. Precise control of a room’s air pressure can essentially allow for the control of where the air in the room— and the odor with it—can travel. Applicant will install inline fans in the ducting of the facility to give precise control over the amount of air being ventilated from a specific room. Rooms where cannabis odors are present will be maintained under a negative air pressure by controlling the fan speed or altering the fan size such that the air exhausted from the room through the carbon filters is always greater than the air being brought into the room. Intake and exhaust vents will be located on the ceiling of all rooms where cannabis odors are present on the busi- ness premises. Ventilation lines will consist of R8 insulated ducting and KD sheet metal ducting, helping ensure that no air escapes the ventilation system before it passes through the inline carbon filters. Applicant’s air filtration system will also utilize a prefilter to increase the lifespan and effectiveness of the carbon filters. Prefilters ensure dust in the ventilation system does not clog the filter. Carbon filters will be replaced ac- cording to a schedule determined by the cubic footage of the rooms where the air is being cleaned. The pleated carbon filters in the air conditioning units will be replaced at least once per year. Applicant’s owners’ previous experience operating other retail cannabis locations has equipped them with the knowledge of how long these filters last and when they need to be inspected. Sanuvox’s Ultraviolet Air Purification On top of utilizing carbon filters to neutralize cannabis odors, Applicant will go above and beyond the industry standard by partnering with Sanuvox Technologies to implement its ultraviolet air purification systems. Sanuvox’s founder, Normand Brais, holds a mechanical engineering degree and a Ph.D. in Nuclear Engineering from Polytechnique of Montreal. He founded several technology companies in fields as var- ied as atmospheric pollution from combustion equipment, biomass combustion, and air/surface UV disinfection. In 1995, he founded Sanuvox Technologies, which is now a worldwide leader in air and surface disinfection for hospitals and buildings by germicidal UV ir- radiation. A two-pronged approach to odor control is always best. First is the installation of odor-oxidizing lamps in the recirculated air within the facility. Second is the installation of odor-oxidizing lamps in the ex- haust ducting. Controlling odor within a retail location is determined by the HVAC setup. The odor-oxidation technology is sized and in- stalled specifically to match the existing HVAC setup. QUATTRO IN DUCT Purification UV air sterilization system CRESCENT COSMOS LLC 63 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN UV photo-oxidation technology has been widely available since 1995 for the removal of common indoor odors, as well as for particularly strong unpleasant fishy odors found in garbage rooms. This technology eliminates odor by chemical oxidation of the odorous molecules. By using ultraviolet light sources with wavelengths of 254nm and 185nm, it is possible to emit photons with energies strong enough to break and then oxidize terpene odor molecules. The oxidation reaction will occur at ambient temperature via a hydroxyl (OH*) radical, which serves as a transmission media for free oxygen atoms. The result is the conversion by oxidation of odorous molecules into molecules that have little to no odor at all. The useful life of UVC and UVV high-intensity light sources is 10,000 hours and requires replacement on an annual basis. There is no other maintenance required and no pressure drop restrictions like carbon filters. This emerging technology in cannabis will save energy and reduce the terpene odor molecules to ensure facility com- pliance. Applicant intends on contracting with local Fresno HVAC contractor Valley Air Conditioning and Repair to preform HVAC installation. Our local HVAC professionals will also be hired to conduct maintenance on the ventilation and odor-oxidation system if needed. Applicant will adequately train its staff to visually inspect the UV indicator lamps to confirm that all lamps are working or identify if any have failed. Should any indicator lights designate a failure, a lamp replacement would be warranted. Applicant or a licensed HVAC contractor can perform lamp replacement or changeout. 3.6 ODOR SYSTEM TRAINING AND SYSTEM MAINTENANCE Staff Training Protocol All staff will be trained and have a working familiarity with the ventilation system and carbon filters. Staff will understand the procedures for proper upkeep and troubleshooting when problems arise. Employees will have ac- cess to contact information for HVAC professionals and engineers to immediately schedule a visit to the facility if necessary. Staff will also regularly conduct inspections to ensure the proper functioning of the odor-control system. Em- ployees who detect any odors or are made aware of any odors are trained to abide by the following odor-control checklist: · Determine the likely source of the emanating odor. · Check carbon filter repair log to ensure carbon filters do not need changing. · Control odor using on site odor management practices to resolve the emanating odor. · Survey the perimeter to detect any odor permeating from the premises, noting wind patterns. · Document the event for further operational review and conduct necessary follow up of odor event. Applicant will regularly solicit feedback from local pedestrians, nearby business owners, and customers to ensure that cannabis odor is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis retail business or commercial cannabis business. System Maintenance In addition to daily walkarounds to identify cannabis odor, Applicant will regularly inspect its filters and replace them if they are releasing any type of smell or otherwise need to be replaced. Applicant will inspect filters once a month to ensure that there is no odor leakage and determine a replacement schedule sufficient to meet the premises’ needs. ► ► ► ► ► CRESCENT COSMOS LLC 64 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN Applicant will work with HVAC professionals who are experienced in servicing cannabis businesses and will be charged with conducting maintenance on the ventilation and air filtration system. As discussed above, Applicant intends on contracting with local Fresno HVAC contractor Valley Air Conditioning and Repair to preform maintenance. Applicant will keep thorough records with respect to the HVAC and carbon filtration systems. Applicant’s HVAC/ Carbon Filtration Maintenance Log will contain all of the following: (i) records of purchases of replacement car- bon filters; (ii) personnel involved in performing maintenance; and (iii) documentation of any repair work done and malfunctions of the system. HVAC/Carbon Filtration Maintenance Logs will be made available to the City of Fresno and the BCC upon request. 3.7 CANNABIS WASTE MANAGEMENT AND DISPOSAL PLAN Applicant understands that a well-defined waste management plan is paramount to consumer safety and ensuring that cannabis products are not diverted. This is why Applicant prioritizes safe and compliant cannabis disposal measures. Waste Disposal Locations Cannabis waste will be disposed of and stored in the limited access section of the office that only designated staff can access. Non-cannabis waste and recyclable waste will be properly disposed of in the dumpsters adjacent to Applicant’s business. Waste Management Vendor Applicant will contract with experienced cannabis waste hauler, GAIACA, to dispose of its cannabis waste in accordance with California cannabis regulations. GAIACA is the nation’s first, properly licensed cannabis waste management service provider. GAIACA will provide Applicant with a compliant yet sustain- able solution for its cannabis waste needs. GAIACA is a proven cannabis waste hauler with the knowledge and expertise to safely, securely, and conscientiously dispose of cannabis waste products. GAIACA aims to compost, recycle, and transform waste, rather than contributing to local landfills, in order to further its “zero waste” mission. In the past, GAIA- CA has serviced all facets of the cannabis industry including retailers, cultivators, manufacturers, distributors, and testing laboratories. Cannabis Waste Disposal Procedure In accordance with California cannabis regulations, Applicant will destroy all unsold cannabis goods past their expiration, in addition to damaged, deteriorated, misbranded, or adulterated cannabis products. Applicant will maintain written documentation of the disposal of each cannabis product. Applicant’s Inventory Manager will be responsible for initially inspecting cannabis goods upon receipt and iden- tifying goods that have been damaged, misbranded, or are expired. Dispensary employees will regularly perform subsequent inspections during daily inventory counts and prior to each sale to any consumer. Applicant’s destruction of cannabis goods prior to disposal will be done in accordance with 16 CCR § 5054 and recorded on video. Applicant will follow all relevant State and local waste management laws including but not limited to Division 30 of California’s Public Resources Code. CRESCENT COSMOS LLC 65 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN Waste Security Applicant’s waste security system implements a multi-level approach and is designed to prevent potential diver- sion. First, only authorized personnel will be able to access the office where disposal receptacles will be located. The area contains multifactor authentication consisting of a keycard and punch code. Applicant’s computer sys- tem, with offsite backup servers, will log every entry into the limited access area and detail which employees have accessed the room for purposes of disposal. High-resolution security cameras will record and monitor the area 24 hours a day. All cannabis waste will be disposed of in the secure waste receptacle located in the room. See Fig. 5. Prior to disposal, the product type, batch number, and reason for disposal will be recorded in the Applicant’s Retail Cannabis Disposal Log. Management will regularly review the Retail Cannabis Disposal Log prior to scheduled disposal. Applicant will render all cannabis goods to be disposed of unusable and unrecognizable. Applicant will, at a minimum, remove goods from any packaging or container and render them in a form unable to be consumed. For example, cannabis flower will be rendered unusable by grinding the flower and combining it with cat litter or yard waste so that the resulting mixture will be primarily non-cannabis waste by volume. Safe, non-toxic adul- terants will be added to the cannabis waste at pick up to change the composition of cannabis waste and make it unattractive for human consumption. Applicant will use environmentally friendly procedures whenever available to conduct the destruction and disposal of cannabis goods. Waste Storage Location 11.24.2020 2 PLAN VIEW SALES FLOOR EMERGENCY EXIT FENCED DELIVERY AREASECURED STORAGE TRACK & TRACE WASTE STORAGE OFFICE IT ROOM MAN TRAP CHECK IN ENTRY EXIT REST ROOMBREAK Fig. 5 CRESCENT COSMOS LLC 66 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN Applicant will use the state’s METRC Track-and-Trace systems to record the following information within 24 hours of each cannabis waste destruction or disposal: (i) name and type of cannabis goods; (ii) UID of cannabis goods; (iii) amount of cannabis goods, by weight or count; (iv) date and time of destruction or disposal; (v) name of the employee performing destruction or disposal; (vi) reason for destruction and disposal; and (vii) entity dis- posing of the cannabis waste. Applicant will maintain cannabis waste destruction and disposal records for at least seven years, per Applicant’s recordkeeping procedures. 16 CCR §5037(a)(7). Applicant’s waste management vendor, GAICA, will pick up the secure containers from Applicant’s office, under the supervision of the Inventory Manager, and transport them to its facilities. Applicant will obtain documentation from GAICA, including the date and time that the cannabis waste has reached its facilities, and maintain such records for a minimum of seven years. 16 CCR § 5037(a)(7). 67 SECTION 4: SAFETY PLAN FIRE SAFETY PLAN 1610 E GETTYSBURG AVE CANNABIS RETAIL STORE FRESNO, CA Prepared for: Crescent Cosmos LLC 1610 E Gettysburg Ave Fresno, CA 92660 20-2359 November 19, 2020 1777 N. California Blvd, Suite 200 ph:( internet: Walnut Creek, CA 94596 fax: (925) 979.9994 www.thefireconsultants.com Th~lfi~ultants, Inc. 68 SECTION 4: SAFETY PLAN PROPO'SEDCANNAm.S :RETAILSTORE -FRESNO,CA 1610E GETIYSBUR.G AVE FiliRE SAFEIT PLAN l~fffl.ODUCTION 20-2359.-Pa,ge 1 · ovember 19, 2020 Cresremt· Disf!ri:Jlmti~ Inc. (Cresoem) is ffaen:ing m de,;,refop a retail sroi-e ('.Qflffl)erciall 1camiabis oos · · . located at 1610 EHettyslmi:gA'-"l'f: in.Fresno,, CA amd eyhai\l e 11etained The Fire Comm Inc~ (]FC) ID 1ewiluate the project and de,-,;elop ,a me safety pllan to identify applrcm e fire pntedion. 1mreria :for the facility. 'This n:port· will idemify the major applicable fire :pnnectionreqtm:ements pertammg to the facility amd win s erve as the ~a.sis of,. · :ussion. ~tween design team. m-embem amd. ·llhe City Mi.ma.ger" . Office~ mth the Anthorities Havmg Jmisdidion (AHJ1 indod:iag Cirty of F:mJeSoo Fraommu.g, Building .and Fire ID]e,partmen.ts . The majm: design objecti"\l . are to pnt:ec1 11 oe..cupanE amd im.sem:my finm. .a potentiail fire .and achieve amd. maimtam ~omplimroe vi~th the .applicable oodes. Tms :report do.e.s not pr,o.vi.de ~ from the iDsmet" b1!d · cmporates these vdrem:e flhey hali e ~ provided to us by the operator·_ AFP.LICABLE CODES The proj:ec1 will ~ s.object to fihe :requirements o f the 2019 Califorw.a. Buildmg Co.de (OBC)1 amd C, __ t:.c--E''. r _ _,.:1 __ (lil""E'C) · -.,.'L . · ·m f F -------~ F 11_.1. ....... ; .. ;, al .... _,lt_ --.lJ c ··rtu il1UJ.utma .. 11i:".tre ~ ._.'1!.AL'· •· . 'Wil!U. 1 • .1 o , .resmo .amt::lll,IIWOlllll,l::i , .resno JI.~~ . 1\...AJuc .t1J.W! • 1i.:::r of:Fresno ~('lire R'.e:gul.ati • ·· · . for· Comme:o::i,a]]. Cannabis Busi mess . :BUILDIN;G DESCRIPTION The Crescent rerail store v.a ~ ap;p:roximately 1 :842 square foot win. -ocmipy .a tenam • ace m .a stmd--aloo.e 1existmg hnildmg blW. m 1972 and W1ill. h.a"\l e .a myou1 as sh.mm m SeotiD.lll 4.3. 'The City-approved I.om· plan will re finalized. :titer. after City apprmral of the proposed project. The hwlding Wiill. im:hme appm.xiimately 1,350 SF fi:o:m rofh.Ol!lse (public a.ocess)i aru1 Ile :rest: will ~ ~ack-of-home-( employee on]y). O\i'ERVliE\1. The Crescent rerail store is d.assifi.ed as Meroamile 1G:ro:op M per the &Jildmg Code and. will :imclnde boflh :fumt..of-hmlse .areas .amd back-of-home .are.as. The fum .-Of.house areas uul in-chute an enfmy check-in lobby and retail area. The back of house .ru;ea ·will inchme Ire sOOUl!ed 1cammhis rage, seri.rice ommter hall'w.ay., 1emp10)~ area and restroom. The retaa s1:me will sell. .a variety o f cammb.-. pi-oduds, iod-1r1dmg flower. pre--:rolls, -vapor produc edi!bles, caps.mes, to.picah, tinamres oon-cemmate .. and ol!heraccessories.. The products. wiilll re packaged.in "ih :!retail store,_ The :reta:ii:l · ore will :oo't :include .any opemtroms :rebted. to cal!l.tlabis ~ processing m: em-action. 69 SECTION 4: SAFETY PLAN PROPOSED CANNABIB RETAIL SliQRE -lFRESNO. CA HHO E GETIYSBURG AVE lFIRE SAFETY PLAN Co:nstru.otEon Type and Allmvable .Area 20-23,5i9 -Page 2 m;rember 1'9 , 2020 The bnilding h.ousmg the :maiID store is an exi:stmg building,, buiIDt ito support :mdi vidmd :retail tenats and Ile Crescent :mail store wm be lorate<ffl within an exisimig 1,842 square foot rettail bu:ildmg. .As m existing Group :M ocrup,mcy, the new Crescmt retail sitore space a:hready complies wilt Group M height and .area reqnittmmfis_ Use and Oroup,mcy Crescmt will con:bm. a mspby and sales floor, a check-inJobby, urventory and stora_ge rooms, and. su:p;pomng spaces associated \Tith the retail store_ The retail store ·will be classmed as Mercantile Group, M ~. as Ile retail Siti'ore will be nsed .for the display .and sale ofmei;chanmse., md will include ass.ociated storage/stock of the goods itncidonW to the store per me eorum :309 _ l , as wen as assemb,ly use spaces i(with wider 50 oocupants), incident · ID fo the store pcm-CBC Section ]03_1.2_ Based on dli:scussion \1oiiilli the operaitor the Crescmt retail store will not ronram flammable ,or combustible liquids ,or ,oth.er hazardous materials as listed bry me Tables 307 _ l (1 ), ,or 3.(l7 _ l (2)_ Any pot,entiallly bazardous materials in the facility would consist oHimited amounts (5 _gallons ,or less), of'deamng supp:fies_. The iotmded operation by these standaros is not classified as a h.!Jzardom occupancy._ Crescmt m.ma_gement vri.U. maimaitn controls to pieve.nt acrumulaf!ion of oombmjw.b!e waste on. the premises ito aocoJ!lbnce with CFC Soow.on ]ot_ All combtmible wast,e material will be stored in .approved ront.riners or as aooqiib.ble to Ile Auth.orify Having Jurisdiction Ullfil such waste ,can be :rremoved from Ile premi:S:es_ Trash com.trainers \1oiiith a capa:city ex.reeding 40 gaHons .are required ro, be provided with lids and oonstrncted of noocombu.stible materials~ or of ,oomhus,ttible materials ·Mth a peak h.ea.t releas.e rate not exceeding 3:00 kW/m2 wh.ere tested m accordance 'With ASTM EB54 at an :incident h.eat flux of 50 .k:W/m2 in the horizontal orientation .. Thmlpst,er:s will need to ,c-o:rrnply 'With C FC Section 304 _3 -3,_ OUtside the buiMmg , the spa:oe 'Within 3.1) feet of the bmldmg ,or to the :fot litne is :reqmred ro, be maintained free of flammable vegetation OF brush per CFC eotron J04 _ L2_ Site Access The project will be a ternmt improvement ff:tnodel within .an existing. lnrildin,g, As ®rus is a rmovation to .an exisq buildmg w .. th no change of use,, Fe-,evah.Jattrom. of me app;irraims aocess roads~ fire fl.ow and fire llilydrnnts based on Appendices B, C and D of OfC i:s not illikely to, be required These ireqmrements .are al.\liray:s :subj eot to reviei..v ad. approval of the Authority Havm.g Jurisdiction_ 70 SECTION 4: SAFETY PLAN PROPOSED CANNABIS RETAIL STORE -FRESNO, CA 1610 IE GElTYSBURG AVE FIRE SAFETY PLAN ~Oll ls.Sill.lest ih:reats 20-2359 -Page 3 Novendoo:r 191 , 2020 'The prnjeot l.v.ill onID:y mclude retad S3I es of c:mnahis pmduots_ 'The products will come irom distnbuors, hut the retaiim st.ore willl package m the stme_ The rebil st.me wat not :m.clude any operations rebtool to caunaibis growing, prores.s,mg. o:r extraotion. Therefore, ~ere: will be very .hmited to no mhailation mssues o:r 1meats :&om &e retail sales operation or Oescent bMines.s at this loratloo_ SAFEIYPLAN 'The Crty of Fresno req~ires a Safety Pbn for cannabis retail stores,_ This document is provided to address City requirements fm a Safety Pm fur the CKScent ,cannabis 1:etail store at 161 O IE Gettysburg Ave. ,4.] -SAFETY PL<\N PREPARED BY A PROFES IONAL FIRE PREVENTION AND SUPPRESSION CONSULT. NT 'The Fire Cmisultants Inc. is a fire protection ,engineering md ,consulting finn wi~ wide.spread experience oonduoting fue prot:ectmn and life safety assessments, deve:loping fire protection re,ports md oooe oompbnce assessments, as well as, des,-gmng fire alaan, spmdtlei-and. speow supp:ressirn:ili systems .md revievang dm.ose desigm by olhe:rs_ Since _006, om mm has oomwlted on t1housa:ndls of projects in mulriple sbtes mdudmg Califorma, Oregon md Washington Om clients are primruily arohitects and owners!deve:lope:rs_ We are en.gaged ,on both new ,oonstruct:ion and exisling huildlings _ We have experience providmg fire assessments md fire protecition engineering consulting 011 cannabis extr.rotion fu:ilities , ,oultivaition, microhusinesses and retail st.m;es in Califmma_ Our recent ,cannabis pro_j ects .iinclude Blythe. Ohub. Vista, Bl Monte. Faidield. Oakland, Oxnard, Pomona, Sm Frmcisco. S.wta. Rosa. Sonoma. and Watsonville.. We ha\!~ ,experience following various cau1fiJiahis 3f)pliiration p:rooesses imd preparing &e required safety plan to meet those requirements,_ :Mr_ John Sbuder~ P_E_ is a .ticensed prnfessioml ,engmen, holding both Mecb:m~r,:d Engineering (t\.13333.3) and fire Protection EIIDgineering (FP 1668) licenses in Catiforwa 1\fi'. Stauder is also lioensed in the states of Arizona., Oregon and \\fas,hingt.on_ ,4.2 ACCIDENT Al"'ID INCIDDW PROCEDURES Cresomt .rnias a form to documoot, track ailild su1mlit aooidents md :iincidents to ilhe proper authorities _ The retail store mooage:r v.riilll ,msollliSS/mterview employees and ,ooot,omers as neoessary to U1fiJ.dersrand . the .accident and incident. capture the impo:rtam detaims md then submit the fonns and other paperwm:k: as required to the p:ropei-entities_ Copies of ~ese fOimS will be stored. on sirte., in a binder (or similar) .and located m die employee area of the store.. Employees l.v.ill be tracmed as part of lhe hiring process on accident and. incident report prooednres. As a retail st.me , \-nth no processing. ,extraotion or manufacturing operations, the mture of .my accidents or incidents is mtic.iipated to be eqm.\!.tlent to any oomparnl>le retail establishment_ 71 SECTION 4: SAFETY PLAN :PROPOSED CANNABIS RETAIL TORE -FRESNO, CA 1610 E GETTYSBURG A VE FIRE SAFETY PLAN I Etnplo~·•e-cornpltr• this soc lion and so• no t• abon Empl,nd0-<on 1pln, ,<fa "uiti11 _r 1101, la 11otaciti 11 ar,iba. 20-2359 -Page 4 oveniber 19 2020 > I. Nam e . .',ombr,,. ____________________ Today's Date . Fecha de Huy. ________________ _ 2. Home Address . Dir,,cciti11 Reside11cial _______________________________________ _ 3. City . Ciudad. _______________ State. Estado . _______ _ Zip . Ctidigo Postal. ___________ _ 4. Date of Injury. Fuha de ill lesion (ac.cide11te). ____________ _ Time of Injury . Hora en que ocurriti. -----'a= ____ .n . .m. 5. Address and description of where injwy happened. Direcciimllugar dimde occun·o el accid,mte. _____________________ _ 6. Describe injury and part of body affected. Describa ill lesion y po.rte del cuerpo afurada. _______________________ _ 7. Social Security Number. NumerodeSeguro Social de/ En,p leado. ______________________________ _ 8. 0 Chetl if you agree to receive notic,,s about your daim by email only. :J MMq11e si usied acepra recibir no1ificaciones sabre su recillmo solo por co,-,.,o elecmlnico. Employee's e-mail . _______________ Correo elecmlnico de/ empleado. ________________ _ You will recejve benefit notices by regular mail if you do not choose, or }"Our claims administrator does not offer, an electronic service option. Usted recibira 11oriftcaciones de bmteficios por correo ordi11ario si usied 110 escoge. o su admi11istrador de ru/amos 110 le ofrece, ,ma opcion de servicio elecmlnico. 9. Signature of employee . Firma de/ empleado. Ernployer-<ornplN• this section and s•• 001• be lon-. Em pleado r-complei, ,sia seccio11 _r nor, lo 11oracio11 nbnjo . 10. Name of employer . Nombre de/ empleador. -------------------------------------- 11. Addre$$. Dir-eccion. --------------------------------------------- 12 . Date employer first knew of injury. Ful,a"" que el empleador mpo por prime ra wn: de ill lesion o accidenre. ________________ _ 13 . Date cl aim form was pro,ided io empl oyee . Fuha en que se le enirego al empleado la pericion. ____________________ _ 14. Date emp loyer recei\'ed claim form . Fuha en q11e el en,pleado devoMo la perici611 al empleador. ____________________ _ 15 . Name and addres& of insurance carrier or adjusting agency . Nombre y dirucio11 de ill compallia de seg,iros o agencia adminsrradora de segr,ros . _____ _ 16. lnsuranc.e Policy Number. El 1111m""' de 111 poliza deSeguro. _______________________________ _ 17. Signature of employer representative . Firma de! represe11tanre de/ enrpleador. __________________________ _ IS . Title. Ti/11/o . ________________ 19. Telephone . Telefa110 . ______________________ _ Emplo~·,r: You are required to date this form and provide copies to your insurer or claims administrator and to the employee, dependent or representati,·e who filed the daim \\i thio one workin~ da,· ofreceipt of the form ftom the emp loyee. SIGNING nns FOR.\i IS ·or AN ADMISSION OF lll\Bll.lTY Enrpl,ndor: Se requiere que Ud.feche esta forma y que provea copias a su co mpmiia de seguros, ad111i11isirador de reclam os , o depm1die11telrepreset1im1ie de recillmos y al empleado que hayan p rese11iado eJ.ta peric/611 denrro de / pla::o de 1111 dia /Jlib ,1 des de el momenro de haber sido recibida la forn,a de/ e111p le11do. EL FIR.MAR ESTA FORMA NO SIGNIFIC~ AD.\{ISJON DE RESPONSA.BIIlDAD ~fmp!o}'H <ap'j/Copia d,J Emp/«rior □ ~loJ"• oopyfCopia dd Enrp/rod,, □ Claim, .Admmistr.uor/Adminutrado, d• R..,lmno, ~ empor;uy Reoeipt(&cibo d£I £mp/Milo Accident .and Incident :reportmg f01m 4 .. 3 DESCRIBE EVACUATIO R OUTES The proposed retail s ite lmilding includes three evacuation routes as shov,m in Figure l ; two through the main entty lob by and :retail space fo:r plllblic access areas including retail area andl .tobby mid. one through the employee only ba.ok of house space_ The rear exit pemlits onfy employee access to an exit while J113llltainin.g seourity and. separation between public and employee areas_ The b lue dimensional arrows .in Figure 1 show the adequate exit separati~ as required by Code_ 72 SECTION 4: SAFETY PLAN PROPO ED CANNABIS RETAIL STORE -FRESNO, CA 1610 E GETIYSBURG AVE ARE SAFEIY PLAN J l 20-23591 -Page 5 ovember 19. 2020 Figure 1-Egress travel path, common path of travel and exit separation for Crescent. The occupant load :fur the uses of the spaces m the retail store is tabubtied below per C B C Table 1004_5_ Oeicupant Load. Aippl"OX., Occupa nt UseofSpaoe F ador pace A.1-ea Load. ,(sq ftipersou) (sq ft) ,(pusoos) Unoonoentrated Checlc-;m Lobby 175 12 Assemhfy I S net Employee Area 40 3 Mercantile 60 gros.s Rebillhea 11175 79 Storage Stock, 300 gross Secured Storage 150 1 Sru:ppmg .Attas Office 100 1 Business heas 150 gross HaUw:aylReslmom 169 2 IT 25 1 Tota l 99 'The retail store is separated mto front-of~Imu.se ar;eas md back-of-house aireas . The retail store layout provides separate exiting fuom each area without p;liSSmg through tihe othec area. The ooonpant load for ili.e pnblic-aocessed fro~t-of-hollliSe area is 91 (includmg ldbhy and saile.s airea}, 73 SECTION 4: SAFETY PLAN 'PROPOSED CANNABIS IRETAIL STORE -FRESNO, CA 1610 E GETIYSBUllG AVE FIRE SAFETY PLAN 20-23591 -Page 6 ovember 19 2020 and the occupant load fur the back-of-house area is 8. The ,ocoup~ load for the public .area 5 91l, reqwiring two wts while die oock:~f-house a1ea is less d1an SO occupai11ts , req_mrmg one exiit from ~ .area. 'The egress path of tra1-<e:l limitations (foot) fur the occupancy wiirthin the retail store is provided below per CBC Chapter 10 for sprinklo proteded buitdmgs. as sprmJcler system \\rill be added to the new rebil store. lms .is required to be measmed along di.e natural pa,tlh of uavel. 'The pro,pooed layout is wirtihiin these travel <listmres for sprinJdlered bu,i 1 dmgs, as shov.rn mi Figure l. Oocupao.cy Common Paib of Exit Aoce.ss Trave] Dead. End. Length Til:avel GroupM 15 250 so (Spmldered) Where the occupant ru.oad will exceed 49 or where the oommon path limitation is e)OC:eeded., a minimum ofnvo exits are required per CBC Table 1006 .. 2.1. These exits are required to be separared by a miu~mnm. of one-thmi tihe area fonges, diagonal of ~e area served fur spritutler protected buildings. 'The m rerall retail store :racility v.rill oontam two separate exits, to .meet the reqmred. sep•Mati~ one a,t the from en:lly, aind mother at die rear, ba,ck-of-:-house Mea as showl!l ·iin Figw;e 1 . Ore.soent will install hsted panic hardware on the eXJterior exit doors to meet CBC 1010_Ll0 aind!. UL 3-06. CBC 1010. l .9 requires :ill egress doors ID be iea:dily openah1 e from the egmess side at aU times, requiring only one operation to open the door, \vi.th.out the Me of a l:ey or specia[l knmvledge or effort,, except .m spec.inc situa.tions. 'The Omirumce Art.rue 33 of die City of Fresno Code for Commercml Cmuabis Business requires the retail area aroess door be focked a.t all times wdh '1>uzz--;m" access through the ,electronically soc1m door from lobby. 'This door shall be umoclred aind readily opeuable from egress side (retail :side), all times. 'The main door is allmved to be provided Mith a lochng device on the egress side, provided the foUowmg reqmrements are met: a . 'The lockmg device is readily distinguishable as locked, and b . A .readily vmsible durahk sign is posted!. on the egress side of the door (inside) on or adjaoe:lilit to the door, stating «-nns DOOR TO REl.{AfN UNLOCKED WHEN TIIl:S SPACE IS OCCUPIED" m fil-inch black letters on a contrasting backgrnlllld. Celibin egress doors in the retail store will be provided with card readers to ,control acoess into the retail store, back-of.:..ihouse Mea, and cannaJbi:s goods storage and .mv,e:liJito[)' fooms , as .noted on the sketch in Figim,e 2. I1Hs is to meet Artide 33 of tihe City of Fresno Code for Commercial 1Caimlabis Bmm.ess. These doors will be .arranged to .meet the follmv:ing provisrom per CBC Section 1010_ 1 .. 91 •• l O ID aillow for free egress: a. 'The door bdware that is affixed to ilhe door leaf has an ,dbvious .method. of operation ~t ,· readi.fy operated! under all .~t,mg oondit:ions. b . 'The door ha1dware is capable of being operated wird:J. one haind and d!oes no require more tlhan one operation fur unla.tclung. ,c. Operation of ilhe door hardwMe direotly in:termpts the power to the emectric lod.: aind unlocks the door immediately_ d . Loss of power to the deotric lochng sys~ .mtiomatically 1mlodk:s tihe door. 74 SECTION 4: SAFETY PLAN PROPOSED CANNABIS !RETAIL STORE -FRESNO, CA 1610 E GETTYSBURG AVE FIRE SAFElY PLAN ,e_ Operation of the painic haroorare releases the lock f The lockmg system units are 15led in acoord!anoe with UL 294. 20 -23 591 -Paige 7 ovember 19. 20Q.O 'The exit path from. the occupied spaces m die rooms or dJ.rough corridors will need to he a minmuun unobstmcted width of J.6 m.ches where seiviog ess than 50 ocoupaots; the vidth mcreases to 44 mches if seiviog :50 or .more 0001!1p1mts peir CBC Tab e 10 20.2. 'The .usles .u:e required ro meet these widths and. die aisle accessways (if not required to be access "ible) are requwed ro , he M: least 30 inches wide per CBC Section 1018.3 and 1018.4. As discussed above, the retail store is sepa&llted into a. fiont-of-house area and a. oo:d::-<0f-house area, where each area. has independent exiting. However, as the public spa.oe .has an occupMt lood more than :50, two exits are requmred Two exits are provided dwectly from front-of~ouse area and public area exit path \vill not pass through employee-OD!y areas_ The employee a1ea serves less than 50 people such that one exit is .required from die back-of-house .u:ea_ Exit smgrn; are required for moms wher;e two ,exits are required. peir C BC Seotion 1013.. The faci@y will be provided wid11 illuminated exit signs to, fa.cilrta.te egress. Emergency lighting will be provided for the means of egress in the racility to meet CBC Seotion 1008,_ The fuc!ftfy will be provided widi emergency aroess and emergency e1.o acuati.on plans to meet state .md locafil fire standards. The &cility \\rill not employ any devices ~' emit .my medinm ooch as smo~e or fog that could ,ci.b:scure die means of egress in the building as prnhwited per CFC Section 311!.16. 5. 4 .4 FIRE EXTINGUISHERS &"'ID OTHER FIRE SUPPRESSION EiQ~·IENT L OCATION 'The existing building does not include automatic sprm]der system. The rerail swre renovation prnject indude.s adding a.nrtomaitic sprinkler sy.stem, as trus gieati]y enllillnces life safety enaMe.s ,rode comp~ more easily and provides p1;operty protection and can reduce busiines.s mterruption m case of a fu-e_ 'The secured ,ca:nnaibi.s goods storage and iin~entories wiU include storage of the products on racks or shelves in cardooa1d padragmg. The retail di.spfay area will cont.am products in display ,cases_ 'The inventory i:s .amicipated w indude up , to a Cbss IV commodity per the CFC and NFPA 13, Standard for th e Installation of Sprinkler Sj!Stems , ,conbming puimarily die canmhis products in ,racdboa1d .md plastic padragmg. This is not considered .a high-haza!d oommodrty such as ff:unmahle liquids or rubber hre.s or Group A pbstics. 'The produd stackmig on die display shelving and storage shelving wiU need to be maint:ained \Viher;e die top of storage is no higher than 12 feet above the floor or at rneast 18 mches be:low the ceiling sprimders (subject to NFPA 13 requirements). 'The inventory is not oonsidered a.high-mzald commodity .and therefore should not be chssiiied as high-piled oombustiible storage per the CF C if tihe top of die storage .~ nDmbiined under 12 feet. S\llbj,ect to the capabilrty of the aYad.ah.~ water supply ., a new 31lltomatic sprimder system will be added to proreot the ne\\' layout of the .retail store . The .retail display .md storage may be up to 10 feet in height or at leas,t 18 indies below die ceiling sprinklers (subject to NFP A 13 75 SECTION 4: SAFETY PLAN PROPOSED CANNABIS RETAIL S'IORE -FRESNO, CA U'ilO E GETTYSBURG AVE FIRE SAFETY lPLAN 2l]L 2359 -Page a oveniW>er 19, 20Q.O requ.iremeDts) aind. will require protection as Ordiinary Haz.u-d Group Il (OH2)1 per Nf'PA 13 Table l3_2_fil _ The storage may contain up to IS% unexpandedplas,tic bywemghitor 2--5,%,by vohime_ Srornge of my pbs,tics or foams such .as shipping supplies will need to be mai.ntamed under 6 feet to a.void dassdkatioD as mgh-piled. oom)bustilile storage .w.d he 11D:intained tmder --5, feet in order to be proteded as Ordinary Hazard Group 2 per NFPA ill3 T.iliJ.e n2_m_ As ~e des~ pmgresses, dle .miew spriuli.er system \\rill need to be designed by a IDioelThsed sprinkler contudm-i{C-16 COOJfiraotm-)_ The sprimdeF system de.sign shall be iin aroordmce with NFPA 13 . Standa:nlfo.r the Installation ,of Sprinlder S !Siems aiud Cailifomia Building and fire Code and. City of Fresno amend!ment.s. The spri:n1Her system. will need to ·1oe :mspectecL tesrecL and maintained :m accordance with ~e Cald'omi.a aime:liil.ded versioEI! ofNFPA 2S, Stan.dm-d for the lm:pection, Testi~g, and .Mai.n.'tena:nce of Water -B'ased Fire Protection S 'Stems_ f'.itm;e .Alaan Based on discussion. with the OwneF/operaitor, we unde.rsmd that the existing retad store location is uot provided \vith .a me alarm. system_ 'The fue .alami inclu.dmg initiation. devices .w.d oocupant notification. shaU be pmvided .as •IP3fil of &e temmt improvemeE11t onoe ~e projed is a.W31Fded t.o Crescent A licensed C -10 fu , .alami conkaom will be :retained to i?f"0\'1.de any required shop drawings 3illd. permit s~bmittaJls fm-adding new fue .al.um. system_ Typically, the fire alami will oonsist of conibimtron smoke ! carbon monoxide / heat detection . . and sprinkler waterllow ieOJDected to a fue alami conkol panel, :md the imtiation of such devices wilID . .aut.omait-ically notify emergency respo11ders .wd. employees .and public customers_ Since an automatic sprinkleF system wil be proli lided in. new :retail swre,. at least OOJe exterim- approved audible devrne, activated ·m,y sprinkler wateJf flow as reqmred by CB . Section 903_ 42 should. be a:dded. to the new me al.um system_ Upon .actuation of &e .autmnatic spnulder system. ilie fire alarm notmcatioo appllianoes thrnughout he facmlity \viU. a.ctii ate_ '"Il.e fire affiaan system w:mil also be requued to monitor tine spomdeF system_ Tiliie fire aihrm system will need to be .mstalled, mspected,, test.ecL and mamta:ined :m accordance \V.li!th NFP A 72. National Fire Alarm and Signaling Code and California Fire , Code awl Title 19'. 76 SECTION 4: SAFETY PLAN PROPOSED CANNABIS RETAIL STORE -FRESNO, CA 16,10 E GETIYSBUR:G A VE Fm::E SAFETY PLAN Fire Extinguisher.. 20-2359 -Page 9 Novembei-19, 20 20 The .retail srore is anticipamed to ,oonttam. C l!ass A fue .hazards, which. are o rdirnacy combustibles such as papei-and wood and Cl ass C fue .hazards, which are electtni.cal :fires . The p.rimaiy hazard in tthe facility iis anticipated tto be Class A fire hazards. The fu-e extmguishers io the facility arre requirI-ed to be J"ated ar ; a miuim,un2A:10B:C forihe .haz.ar-ds in the buildmg and spaced up to 75 feet travel di stance pei-CBC Table 19 06.3(1 ). The fire extmgniisbers arre :rnquired to be located in oonspicuous locations pei-CFC · eot ion 906,, either mounted o n brackets or inside fire extin:guishei-caibinets, wlDte.Fe iliey will be Feadilly accessib le m.d in:unediately available for use, wiili the top no mme thMt 5 feet abov e 1:ihe filom. See Figure 2 for the pFoposed focati:o:ns of fire extmguishe.rs m. die retail stoFe. The fire exbngoishers ·v.rill need 1to be instaUed and maintained in aoomdance with CFC SectiOJ.1. 906 . .2 m.d Cal ifo.rnia Code of Regula t ion s,, T itle 1.9, Diwsi on 1, C hapter 3.. E xact fire extinguisher locations will be provided to meet 2019 California Building and Fire Code Section 906 as part of die te:ml!IU improvemem pennit submittal The possible locattiOJ.1. of devices fo r :fu-e aJ!ar1m system. and fu-e alarrm oontsml panel is p rovided tin Figure 2. The location of manual puU Siltatio n shall be confumed witth AHJ. FE : Possibl9 Fire Exlln~lsher Locallon SD: Smoke Detsclo:r and CO Detector HS : Horn aoo SI ot,9 FACP: Fire Ala,m Conlrol l?'snel KB: Knox Box EX : Exit Sii;in Figure 2 -Possible location of fire alarm devic~ including smoke det2ctors and CO detectors, fir2 alarm control panel and fire extinguishers. Th2fire. alann contractor shall provide the final drmi•ings and verijj, it me.ets requirements ofNFPA 72 CO d2tectors am r:e.quired due to a gas water heater in property. No other hazardous gas will be utilized or stored in the properly. 77 SECTION 4: SAFETY PLAN PROPOSED CANNABIS RETAIL STORE -FRESNO. CA 1610 E GETIYSB URG A VE lFIRE SAFE.TY 'PLAN 20-2359 -Page 10 November 19 2020 4.5, PR OCEDURE AND1 TRAINING FOR ALL FIRE AND 1\11EDICAJ... El\i,IEGENCIES Cresoentwil ,estah!li.sh an employee trainmg program to provide b:ainmg t.o employees for respome to oommon fire and .medical emergeili1cies_ General safety procedures wit be documented and reviei.ved fflth new hires as pm of ilie fulll1all hmng process and reviewedl amnJally mth 311. staff members _ The local ,emergency ,oontact phone .lll.lllroors wil be ooaspionoudy displayed m the employee break room and at the reception de.sik: in case of me or mefflrafil emergency_ Employees will be trained to evacuate the building upon any fire a1aan signal .md at least nvo employees \vill be trained w .liSsist puibbc customeis with ,evacuation during a fue emergency. Employees will also be trained to assist if a rust:omer :requires medical assisbnce mthm the st.ore. Dmimg emergency situations v.iien :m employee ~s medical 1reatment for an oocupationial injm:y or illness, the loci emeFgency ambulmre shall be used w provide transportation for that emp~oyee ·nni!ess other arrangelllellt.s have been made _ In all other cases a i;epresentative of Gresooot wil tr.msport personnel to dmics and. medical :racilities_ Firs AidLog Ally injiwy or illness Aait tis reported to a :lirnt-~d faoili.ty or .medical facility must be recorded on a f.irnt -Aid Log funn. This includes ~on-oooupa.tioaafil cases and injuries , or illnesses treated ~ in:vohre vendors, suppliers , Contractors/Suboontractors, ,client personnel, and any other third party_ fir.;,t...,Aid Logs or .any portion of a .i og are not for gener~ mstribution _ Requests for sud:11 infonnaticm shall. be processed by the Im.man feSOutre m:magei-/supervisor_ First Aid Kits Fir t aid supplies shaill be ea.silly aoressiMe when required.. firs -aid lots and req-wired contents are mauintaine.d in a service.able condition.. Umt-<fype kits have all items in the fust-aid ht individoolly U11apped, sealed, and padrage.d in comparaible su.ed paclrages _ The commercial m cabinet-type bts do not require aD. items to be individu,ally wrapped and se31]ed. bwt only diose which must be kept sterile_ Items such as scissors, tweezers tube.s of ,OOlJitments Mfh caps, or roUs of adhesive tape, need not be :mdividually \\rrapped. seailled. or disposed of .dkF a single illlSe or application. A roster denoting ilie telephone numbers and addresses of doctors , hospitals ail!ild anibubnce services available to the Crescent retail store slrnU be posted at or .near ,each fust:-aiid station.. Safety Rules for .Mm Employees It ms the policy of Crescent iliat everythmg pos.sib' e \WI be done t:o protect empfuyees from aooiden , injwie.s and/or oocupatio~ disease whde on ilie j,~b-Safety is a cooperative 1mdertaking requilmg an e\<1'e!-present safety consciousness on ilie part ofeveiy employee. If .m. empfoyee is inju.red. positiive aotion mru,t be taken promptly to see 1irnt the employee rereirliles adeqrnite u-eatmenl o one .llil:es w see a rellmv employee inju.red by m accident Therefore, all operations .must be pbnned to prevent accidents _ To cany out dns pohcy., dile follm.wng mies will apply: 78 SECTION 4: SAFETY PLAN PROPOSED CANNABIS RETAIL ,TORE -FRESNO. CA 16UJ lE GETTY'SBUR.,G AVE HRE SAFETY PLAN 20-2359 -Page 11 No~l9,2020 l . All employees shall follow tine :safe pm.dices and. :nwles 00E11tamed :m this manl/J01l .and :Sil!ll,dID otbeF :nwles md. praotices oomm:wruicamd 0E11 die job. All employees shailll :report ailll ~fe oondiitions or praotioes to the propeF authooty, including the hllllDll resomues managa-/supervisor .. . 'The .~1.JCffiW. resomoes superviSOF/~er shall he responsible for imp.lementmg iliese policies by msisting that employees observe and obey all mies md regubtions necessary to maioraio a safe wm:kpb:.ce and safe work .~wits md p:ra.otioes. 3,. Goodllimusek:eepmg must he p:raotioed ait ailll tmies in the wmk area. Clean up aul \\rast.e and effirumioare any dangers in the work area. 4 . S\!11table dothmg .md footwear mat be woni at ailll times shoes witlh Am OF tom soles are not penmtted. 5. All employees will panicipate in safety meetings ,conducted by themr :supervisor on a r~lv basis to ,oontmlllously provide a safe wmkpla.ce fOF al.. Tms is m ,essmtial ~ of the Cresomt program fOF proteotmg ffill ,employees mmn accidents and illness. 16. Anyone imder the inffuenoe of intoxicatiing liquor or drugs, including p.resc:ripti.0E11 drugs which might iimpm motor skills md jrudgment, shall not be allowed ,OEJI die job. 1. Hmsepby. scuffling, and otheF acts ,vmdl rend. to have.mad.vase inflience on safety or well-being of oltineF employees .are prohiJbite:d . . 8. Wmk shall be weU p.bnned and Sil[lpenrised to .. 1,1roid injuries m the hmdlmg of heal!y materials .and wmle using eql(liipment 9. No one shaH. be permitted to wmk ww1e 'Jne employee1 s ability OF alertness is so impaired by fatigue , illness, OF other cail!lSes ~ :mt nrig1rt expose the employee or otners to injw:y. l 0 . There will he no 00111rSil!JJIJPtion of aloo'no:l o.r ca.nnahis on the job. 11 . Am injmies shoum.d be reported to tine Supewisor, OF 911 so that arrrangem.ents can be made fur meili.ral OF fust aid treammt. 12.. When rudbng .heavy ,dbj ects~ use the huge muscles of ~e meg instead of the sndruer muscles of ~e back. 13... Do not &rmv dungs especially .ma.t.erial and ,equipment. Dispose of afil waste pmpedy and! careful:y .. 79 SECTION 4: SAFETY PLAN PROPOSED CANNABIS RETAIL sroRE -FRESNO, CA 11610 E GETIYSBURG AVE FIRE SAFETY PLAN MEDICAL EME IRG IENCY C all medical emergency phone number ,(che c lk ap plicab le): ID Pa amedtcs □ Ambu lance □ F ir-e Depart ment ID O t her P ov ldla ti7e fO:llowi ng lnfomia't lo n: a. Natur,e or med ical emergency . 20-2359 -Page ID2 ovember m191 , 2020 b . Location of 1he e ergency ,(a , r-ess , b ildi ng , mom num ber)i ;. ali'lld c. Your name and p hone number from whic h yo ars, call ng. Do not move vl ctl m u less absol ~•ety rtooossary . Call the followin,g perso nnel tra ined in CPiR and 1irst Atd to, provide the re quired assistance p rior to the arr ival of 1he p rofessio al medi c:a ll help : ame: Phona : --------------------- am,e : ___________ Phone: __________ _ llf person nel tra in ed In Fi r st Aid are no1 ava il abh1, as a mini mum, att empt. to prov ide the fo ll ow ing a.ssistance: I . Sto p (he lh l ed i ng with fi rm pre r on the wo I nd s ,(11 t e: av id on .a t with bl d or (1 ther bo dily fl ulds). C Je, ,r 1he it p, ssag L1sin g ib e H e:imlkh M a n. . ,et' in ca o f C Oki , In ca re nderi ng 1.1' ·• st.mte to p r 01111 I ex p · rl to lia r.ar ou · mal cria 'l:s , co ult 1b Ma1e r ia l S a fe ly D~t:a b 'I (MSDS) and w r lb . p ro p ri a t p rsona[ protec tive equ ipment. Attem pt fi rs aid ONL if trnined a.11d qu , ifi ed . Date J I 80 SECTION 4: SAFETY PLAN PROPOSED C . ABfilS RETAIL STORE -FRES 0 , CA 11610 E GETIYSBURG AVE FIRE SAFETY PLAN F IRE E IM E RGE NICY 'When fire , 1s discoveroo-. • Actiivate the nearest fire alarrn1 (if installed 20-2359 -Page B ovember fil9 . 2020 ·• Notify the IIOC,,i;il Fire Department by call iing __________ _ • If th1e fiire alarm Is net ava ilab e, notify ·the s te personnel about the 1I1re emergency by the olllowing me·ans (dheck appHcable }: □ □ Vo ice Comm nica ion Ph one Pag,i n•g Fight tl1e fire ON Y it" □ □ • Thie Firn Depa -iment has bM --otifr~a . Rad io Ottier (specify) ·• The fi ire is small a d is not spreading1 to othe 1r areas. • Esca.ping1 the area is poss iible by backi ng1 up ~o 1he nearest exit. ·• Th e fi re e:icuinguisher is in wo~kiing condiU □ arid pe r sonnel are tra iined to us:elt Upon being no.tilled .about the fire emergency; oocupants must: • llea,ve Ile bu il di g1 using Ile d,esignated escape routes ... ·• Assemble In t he es i1gm;1ted area (spec ify llocatlon): • Rema in outside unti l the competent autho r ity ,(Designated Official or des ·_ nee ) announces tha it i1s safe to reenter. Designated Official, Emergency CCJordinator or supe,visors must (underline one): ·• Disconnect uti li1ies and equipmen unless doing ·so jeopardi2es h :is✓her safety. ·• Coordi 1 ate an orderly evaoua , ·on of perso nnel. • Perform an accura e head cou -t of personne l reported to the designated area. • □et.erm i ne a rescue method 'to locate missing person11 ,el. ·• Provide l e Flire Departmen t personne l with tbe necessary Info ma11on abou t ~he fa .d lllty . • Perform assess 1 -ant aind coord inate weather fore-oa st office emergency closing1 pirooedures Area/Floor Moni·tors must ·• -=nsur e that alll employees have evacuat ed the area/floor. ·• Report any problems to the Erne g1ency Coordinator at th.a as.s,embl¥ area . Assr.stants to Phys ically Challenged shou.ld: .. Assi5t all ph ysically c:ha llenged 1employBes in emergency evacuart'Dn . 81 SECTION 4: SAFETY PLAN PROPOSED CANNABJS RETAIL STORE -FRESNO, CA 11610 E GETIYSBlJRG AVE .FIRE SAFETY PLAN CONCL SION 20-2359 -Page J 4 ovember )91, 2020 1his report preseDDts the fu-e safety plan for the proposed .retail store under consideration by Ore.scent in Fresno, CA If a piuiltedi:on approach as described in ihese seotions is em.p loyed and tihe facility, inventory, and arrangement :is as desoriibed 11::rerein, om opinion is that die design will med the appJic:alble requirements and p1u\.iide adequate protection in aooordmroe with the CBC, CFC, and City of Fresno amendments. We :recommend lib.at the monnation in tms report be discussed with 1:he City Manager' :s Offioe and fie various Autllmrities Havmg Jurisdiction to confum the app:roach_ Prepared lb;r: Reviewed by: THE FIRE CONSULTANTS, me. THE FiRE CO SULTANTS, INC_ ll/19\12020 1)/19/2020 Hmned Salem, E.lT. Date Date HS/JRS l{l.2'.3 59:I RPHS C:re.srent CannahisR.etail. Sto re Fire Pim UHO E Gettysbw:g 83 Crescent Cosmos LLC Security Plan - 1610 E Gettysburg Ave, Fresno, CA 93704 PROPRIETARY INFORMATIONPROPRIETARY INFORMATION 109 SECTION 6: LOCATION The property on which the proposed dispensary is located is at 1610 East Gettysburg Avenue, Fresno, California 93704 (the “Property”). The Assessor’s Parcel Number is 426-0-92-21. The City of Fresno Zoning Comparison Map on the City of Fresno’s GIS and Mapping webpage designates the Property as CMX (Corridor/Center Mixed Use). The properties to the South and East are designated CMX while the properties to the North and West are unincorporated as they have not yet been annexed. | City of Fresno’s Cannabis GIS Map showing our location is eligible for Cannabis Retail Use Takeout EJ Wienerschnitzel m Takeout• Delivery T Western Mobile Glass Cj» EJ I:,\ Fresno Co in Gallery y Jewelry & Loan Pawnshop m Mariscos El Pescador TTakeout E Pico Ave 9 ! :;: .. !a Ave E Gettysburg Ave E Gettysburg Ave 7 610 E Genysbu rg Ave , Fresno , CA 93704 Casa Glenn Apartments Robertito 's Taco Shop th Mex i can·$ T E. Fa irm ont Ave E Alamos Ave E Sa r1t a Ana Ave Rialto Ave ., E P ico Ave ;> <( ,:;; e ~ z iarn po lis Ave ~ <( o ll a nd Ave M' 8 z Svil \ Ave ~ <( ~ ., C, z '.I; <( C: C "' c:i z Ramos Furniture I:,\ Furn iture store T z Fresn o RV Park ~ & Mob ile Home ... T Han dy Ride 4260922 1 16 10 E GETTYSBU RGAVE This a d dres~ is more than 800 feet from a sensiti ve u s@ Ad dress is zoned fo r cannabis reta il CMX 93704 Dist rict 7 N e l so n E~p a rz a 1 1/23/2020 scaping Lan dscaping supply store -< I:,\ g T ro 3 :::. (I) ,, Storyland Day ~ Ca re Center cii " "' q E Gettysbu rg Ave San Joaquin Valley Ai r Pollution Control Dis t,ic ' in g_ iii 1" .c .E ~ 0 ~ t' z a 0 z z iJi (/1 z E F EA E Gettys Molly Maid ED 110 SECTION 6: LOCATION Fresno Municipal Code 9-3307 requires that all retail cannabis businesses be at least 800 feet away from any parcel containing the following: 1. A cannabis retail business; 2. A school providing instruction for any grades pre-school through 12 (whether public, private, or charter, including pre-school, transitional kindergarten, and K- 12); 3. A day care center licensed by the state Department of Social Services that is in existence at the time a complete commercial cannabis business permit application is submitted; or 4. A youth center that is in existence at the time a complete commercial cannabis business permit application is submitted. After conducting extensive due diligence of the surrounding vicinity of the location, Applicant has concluded it is at least 800 feet away from any of the above-mentioned sensitive facilities. 1610 E Gettysburg Avenue, Fresno, CA 93704 Below is a list of the sensitive uses nearest to 1610 E Gettysburg Avenue: • Del Mar Elementary School - 2,530 feet • Storyland Day Care Center on Gettysburg Ave - 1,317 feet • FUSD Day Care on Del Mar Ave - 2,605 feet • Holland Elementary School - 2,934 feet • Cary Park on N Fresno St - 2,960 feet • Wawona Middle School - 5,438 feet The Property is a standalone building situated in a 17,250 square foot lot at the intersection of East Gettysburg Ave and North Blackstone Ave. The parcel is a fenced-in location with a parking lot that contains six (6) existing parking spaces with plans to add an additional 14 parking spaces, which can be easily accom- plished in the existing lot. Applicant’s building is a 2,000-square-foot space located in the center back of the lot. The primary entrance is in the front of Applicant’s building, which leads into a 175-square-foot reception area. Once customers have had their age and identity verified at the reception, they will be granted access to the 1,175-square-foot dispensary sales floor through Applicant’s electronic “buzz -in” system. Display products on the dispensary sales floor will be secured in locked glass protective casing. Additionally, guests on the dispensa- ry sales floor will encounter two island floor fixtures which will contain display items from Applicant’s product line. In the back of Applicant’s space there will be a 15- square-foot secured storage space and 100-square-foot office. The secured storage space will be constructed out of reinforced mesh steel drywall and will be UL Vault rated. The remainder of the space includes an existing back restroom and corridors. An exit leading from the outside of the storage room to the rear parking area will be fully fenced in and separated by a mantrap to ensure safe deliveries and prevent diversion. Design The exterior of the building as currently contemplated by Applicant’s design team will have a mid-century mod- ern look similar to a high-end retail. The design was selected for the way that it is able to seamlessly elevate the character of the neighborhood without providing an out-of-place distraction for neighboring businesses and res- idences. The interior of the building is designed to offer customers the modern feeling of home. Sales counters will be constructed of wood, glass and marble, while silhouettes of Fresno’s skylines and rural landscape will decorate the dispensary walls. Applicant will ensure that the exterior signage shall not be directly illuminated, internally or externally. FMC 9-3309(h)(5). 111 SECTION 6: LOCATION Public Visibility Applicant’s standalone building, in its own fenced-in lot, provides the perfect balance for attracting customers while mitigating the potential of Applicant’s dispensary becoming a nuisance. Applicant’s storefront is clearly visible to enable reporting of any nuisances or violations, but also not so conspicuous to negatively impact the character of the neighborhood. Accessibility via Public Transit The dispensary is easily accessible via public transit. Applicant’s dispensary is sandwiched between the Shaw/ Blackstone bus stop to the North and the Ashlan Bus Station to the South. It is conveniently within 0.5 miles from the following bus lines: 01 FAX Q (daily service every 10 minutes), 09 Shaw (daily service every 30 minutes), 45 Hendron/Fruit/Ashlan (daily service every hour except Thursday), and 32 Fresno St (daily service every 11 minutes). Accessibility from Major Thoroughfares Applicant’s dispensary provides a convenient destination for both bikers and drivers and its Gettysburg entrance is readily accessible for commuters via North Blackstone Avenue. With two entrances to its lot, Applicant is able to dedicate one each to ingress and egress to ensure a safe and efficient parking experience. [4] Fresno Area Express Map showing lines accessible to our location _____________________________________ https://www.sciencedirect.com/science/article/abs/pii/S016604621830293X#!4 PRaSNOARU EXPRESS ...... z::. .j, l +- ci.~ f ..... •cHP """ ... :'"" 1 i t i ., -I Clovis Transit f--¥1 ·1¥1¥141§1=1 5!fldt ~ • C.lilornl, Chrt,u,n Co- 112 SECTION 6: LOCATION Crime Prevention and Proximity to Local Law Enforcement Applicant has hired Sapphire Risk Advisory Group to craft a security plan for this location. As discussed in de- tail in Section 5 above, Sapphire is a cannabis security expert with years of experience in the industry. Applicant will be utilizing Sapphire to provide on-site security guards, video surveillance, and other crime preventative measures. Studies demonstrate that the added security measures brought into an area with regulated cannabis businesses are often able to reduce neighborhood crime rates, and may even help to improve neighboring prop- erty values over time. Additionally, Applicant’s dispensary is close and easily accessible to neighboring fire, police, and sheriffs stations. The City’s Fire Station No. 11 is only 1.7 miles and a five minute drive away (5544 North Fresno Street); the Fresno Police Department’s Northwest District station is only 3.7 miles and an eleven minute drive (3074 West Shaw Avenue); and the Fresno County Sheriff’s office is only 1.5 miles away and a six minute drive (3302 Blackstone Avenue). 6.2 PHOTOGRAPH OF FRONT OF BUILDING CRESCENT COSMOS LLC 120 SECTION 7: COMMUNITY BENEFITS PLAN With 100% of the business owned by residents and business owners in the City of Fresno, Applicant recognizes the importance of supporting the Local community. Social responsibility, community empowerment, and upward mobility are central tenets of Crescent. Owner Kyle Wilkins is a local entrepreneur and product of three generations of Sun- Maid raisin growers who recognizes the importance of building up the community. Mr. Wilkins is the owner of a local company, Universal Lending and Real Estate, which employs over 50 peo- ple and focuses on sales to first-time homebuyers. Mr. Wilkins helped marshal his business and the community through the 2008 recession and hopes to do the same with the community through the 2020 pandemic by opening Applicant’s dispensary. In January 2017, Mr. Wilkins used his real estate acumen to identify a lack of dining op- tions in the up-and-coming Sunnyside area and founded Poki Bowl Express to serve the community. Owner SJ Van Horn has become a pillar of the Fresno community since moving to the City in 2018. In addition to operating his own CBD store, the CBD Center, Mr. Van Horn serves the community as a distributor for Schoettler Research & Engineering Corporation and through his company Air Care Medical, which manufactures high-qual- ity medical equipment such as masks and CPAP supplies. Mr. Van Horn regularly donates food to the Valley Food Bank through Air Care Medical and also donates toys to holiday toy drives to positively impact Fresno’s youth. Applicant’s roots and loyalty to Fresno far exceed the superficial connections promised by larger national and out-of-town cannabis retailers. Being locally grown, Applicant understands the importance of building strong connections to the Fresno Community. Applicant will proactively engage and listen to the needs of local commu- nity members to determine how to best allocate its charitable intent. As part of this initiative, Applicant intends to establish a Charitable Giving Advisory Board to better integrate itself within the community and with other local businesses and has already selected well-deserving Fresno leaders to fill its membership. The Charitable Giving Advisory Board will be composed of local business leaders, nonprofits, community members, and religious orga- nizations who will come together to make Fresno a better city for all. 7.1 COMMUNITY BENEFIT PLAN Charitable Giving Advisory Board Applicant believes in giving back to the community and will be donating 2% of its annual gross revenue to the community. 1% of which will be given to the Fresno Community Reinvestment Fund, as explained in details in Section 7.3. The other 1% will be allocated to various community organizations described below based on the recommenda- tion of Applicant’s Charitable Giving Advisory Board. Applicant has recruited leaders from the Fresno communi- ty to serve on its Charitable Giving Advisory Board to help identify local needs and where Applicant’s donations can best be directed to serve the City of Fresno. The board will meet quarterly to decide where and how the funds should be allocated. Applicant will provide the City with annual (or upon the City’s request) reports documenting that Applicant has satisfied and has made these contributions. The Charitable Giving Advisory Board will initially be made up of: Marco Aguiar, Rebecca Medina, Sladjana Jankovic, Jesus Maya, and Valerie Jacques. Crescent will be donating 2% of its annual gross revenue to the community. CRESCENT COSMOS LLC 121 SECTION 7: COMMUNITY BENEFITS PLAN Mr. Aguiar is a deputy public defender and left his job as an associate attorney in private practice to dedicate his life to helping indigent clients at the Fresno County Public De- fender’s office. In addition to working at the Public Defender’s office, Mr. Aguiar volun- teers his time to assist youth in sports, having served as the President of the Fig Garden Youth Soccer League and Commissioner of the Sanger Youth Soccer League. Ms. Medina is an accomplished family law attorney and former adjunct professor at the San Joaquin College of Law who has been recognized for her pro bono work and zealous advocacy. Ms. Medina founded her own law office and mediation practice in 2014 to help couples through difficult family law matters including divorce, child support, and com- munity property matters. In 2010, Ms. Medina was recognized for her pro bono work by the Fresno County Bar Association as the recipient of its Pro Bono Attorney of the Year Award. Ms. Jankovic is an experienced accountant and mother of three. As a current controller for Valley Pride Ag. Co., Ms. Jankovic has a keen understanding of the needs of the Fres- no agricultural community. Additionally, Ms. Jankovic’s experience managing federal grants and working with nonprofits in various capacities makes her an important addition to Applicant’s Charitable Giving Advisory Board. Mr. Maya is a US Army veteran having served his country from 2010-2016. Since leaving the army in 2016, Mr. Maya has continued to serve his community by working as a sher- iff’s deputy. As a former Fresno resident and student at Fresno State, Mr. Maya knows the needs of Fresno residents, and his participation on the Charitable Giving Advisory Board and law enforcement perspective will see that those needs are met in ways that most benefit the community. Ms. Jacques is a licensed vocational nurse with over 10 years of experience in the medical field. Since 2009, Ms. Jacques has served as a nurse for the Central California Women’s Facility of the Department of Corrections. Ms. Jacques has also been a leader in the med- ical community of the Central Valley. From 2005 to 2007, Ms. Jacques was the President of Health and Fitness Club Madera Center. Additionally, she served as President of the Licensed Vocational Nursing Program Madera Center from 2007 to 2009. Applicant has initially identified three local organizations and nonprofits that it will work with to help uplift the community. Applicant hopes that these relationships will provide an outlet for Applicant to help the Fresno com- munity recover from the hardship brought on by the Covid-19 pandemic. Going forward, Applicant will work with its Charitable Giving Advisory Board and the Fresno Chamber of Commerce to direct its charitable giving to maximize its impact on the community. Contributions to Local Organizations Applicant understands that the Fresno community has faced exceptional challenges stemming from the pandemic, societal unrest, and a particularly harsh California wildfire season. As such, Applicant’s charitable contributions plan is tailored to address those most in need and designed to alleviate some of the burden on organizations that do good for many members of our community. CRESCENT COSMOS LLC 122 SECTION 7: COMMUNITY BENEFITS PLAN The organizations that Applicant has committed to make donations to were selected for their deep ties to the Fresno community and alignment with Applicant’s core values. Initially, Applicant will be donating 1% of its annual gross revenue to be allocated between the identified organizations and expungement clinic. Based on its own research, and in consultation with local community leaders and organizations, Applicant has selected the following three organizations to receive its donations: United Way of Fresno and Madera County - Race Equity and Prosperity Training Applicant believes in both racial equity and ending the historical structures that have systemically kept disadvantaged groups down. The United Way’s Race Equity and Prosperity Training helps to address both goals through a long-term ap- proach that teaches people the necessary skills and financial literacy to thrive. Additionally, people have the opportunity through the United Way to learn about the social justice issues that impact our communities so that we all can be more aware of the effect we have on others and be able to grow better together. Applicant hopes to not only be a donor but a leading figure in the community as we work to address these structural issues and heal our community’s deep wounds. Applicant intends to take an active role as a participant in the United Way’s 21-Day Race Equity Challenge. Through the 21-Day Race Equity Challenge, Applicant’s employees will explore the structures that allow racism to persist and learn how to deconstruct them. Applicant understands the importance of understanding that different groups of people are different, and learning to treat everyone with the same high level of respect is a core tenet of Applicant’s business. Fresno Economic Opportunity Commission (“Fresno EOC”) - Street Saints The Fresno EOC is a non-profit Community Action Agency that pro- vides opportunities, strengthens self-sufficiency, and offers support for people from all walks of life. Applicant is pleased to participate in the Fresno EOC’s Street Saints initiative, which helps provide diversion opportunities and afterschool pro- grams for children vulnerable to gang activity. Street Saints provides an outlet and opportunity for children to begin the journey to becoming responsible and compassionate members of the community. Street Saints offers everything from employment and training to programs centered around making healthy eating and life- style choices, which can be difficult given the reality that many in Fresno live in urban food deserts. Fresno Barrios Unidos Fresno Barrios Unidos provides a support system for youth dealing with trauma. Barrios Unidos provides outreach and engagement, training, education, capacity building, healing and treatment, and leadership and power building all through the vehicle of a client-led direct services model. Applicant recognizes that many of our communities have histor- ically suffered from environments where youth of color could not thrive due to societal obstacles. Applicant hopes to help remedy these historical barriers by partnering with Barrios Unidos to bring forward a better future for our youth. United~ Way~ Ii Fresno Economic Opportunities Commission FRESNO BARRIOS UNI DOS AUvocacy • E<lucat..iun • Wellm::.ss CRESCENT COSMOS LLC 123 SECTION 7: COMMUNITY BENEFITS PLAN Volunteer Time Off As discussed in Section 2.2 above, Applicant plans to establish a volunteer time off program to foster strong relationships between our business and the community. Applicant will provide up to 40 hours paid time off to employees who volunteer at local nonprofit organizations and charities as a way of building stronger relationships with Applicant’s surrounding community. Local Business Partners Being composed of local Fresno business people, Applicant realizes the importance of engaging local busi- nesses. Applicant has identified the following local Fresno businesses that it intends to utilize should it be awarded a license to operate: AmeriGuard - 5470 W. Spruce Avenue, #102, Fresno, CA 93722: Applicant intends to contract with AmeriGuard to provide security services for its dispensary. Fresno Chamber of Commerce - 2331 Fresno Street, Fresno, CA 93721; Fresno Black Metro Chamber of Commerce - 1444 Fulton St. Fresno, CA 93721; Fresno Area Hispanic Foundation - 1444 Fulton Street, Fresno, CA 93721: Applicant joined the Fresno Chamber of Commerce, the Fresno Black Metro Cham- ber of Commerce, and the Fresno Area Hispanic Foundation as a way of making inroads with local businesses. Applicant realizes that as a small business it must lean on the support of other small businesses to help its dispensary thrive. Fresno Rack & Shelving - 4736 N Bendel Ave, Fresno, CA 93722: Applicant intends on partnering with Fresno Rack & Shelving for its display cases, shelves and racks. Val Print - 1257 G Street, Fresno, CA 93706: Applicant intends on partnering with Val Print to create educational brochures and advertisements highlighting community events. Valley Air Conditioning and Repair - 825 S Topeka Avenue, Fresno, CA 93721: Applicant intends on partnering with Valley Air Conditioning and Repair for its HVAC installation and maintenance. 7.1.1 EXPUNGEMENT AND OUTREACH SERVICES Expungement Fairs Applicant recognizes the harm done to numerous communities, especially communities of color, resulting from the War on Drugs. If afforded the opportunity to operate, Applicant promises to do all in its power to rectify these wrongs. While Covid-19 makes in-person expungement fairs difficult in the current climate, Applicant is com- mitted to the goal of expungement and will be donating part of its charitable giving to the Fresno Economic Op- portunity Commission’s Clean Slate Clinic (the “Clinic”), which will be able to safely facilitate the expungement process for qualifying harmed individuals. The Fresno Economic Opportunity Commission partners with the Fresno County Public Defender’s office to operate the Clean Slate Program, which provides reentry and low-cost legal services to eligible individuals for record clearance and expungement. The Clinic also serves as a conduit to connect individuals recently convicted of low-level offenses with social services such as housing and healthcare. ValPr int ~~.~'f;f:. Mi\RKfTfl\'G SOLUTIONS ,. CRESCENT COSMOS LLC 124 SECTION 7: COMMUNITY BENEFITS PLAN As soon as is feasibly possible, Applicant will shift to helping expunge records through in-person expungement fairs offered at Applicant’s premises. Applicant will do everything from providing informational materials to connecting individuals with qualified professionals who will be able to help expunge their records on a pro bono or low-cost basis. These events will be advertised in Applicant’s storefront and through Applicant’s social media page. 7.1.2 ENVIRONMENTALLY SUSTAINABLE BUSINESS PLAN Applicant is dedicated to running a clean and energy-efficient business. Applicant intends to institute operating procedures with the goal of achieving, as close to as possible, a zero-waste footprint. Applicant believes in using an integrated development approach that captures its focus on health, wellness, and sustainability. Applicant un- derstands the environmental impact that cannabis cultivation and distribution can have on the environment and accepts its responsibility to help lessen this impact. Applicant will craft everything from its operations and prod- ucts selection to its building design with the environment in mind. Applicant has developed an environmentally sustainable business model following guidance provided by Fres- no’s Zero Waste Strategic Action Plan, Green Sustainability Plan, Greenhouse Gas Reduction Plan, Urban Water Management Plan and CALGreen Building Code requirements. Applicant’s sustainable business model incorpo- rates high-level considerations including: energy efficiency, conservation, renewable energy, land use and trans- portation, recycling, water conservation, and government operations, with the practical understanding of the can- nabis industry to envision a lasting and mutually beneficial relationship between Applicant and its environment. Use of Eco-Friendly Building Design Applicant’s building specifications will conform with LEED design and Living Building Futures standards. Ap- plicant’s building will use and source eco-friendly materials for both the exterior and interior of Applicant’s dispensary, including reclaimed wood, and recycled glass and plastic. Applicant will also upgrade its existing plumbing to promote water efficiency. Applicant’s restroom will include ultra-low-flow plumbing fixtures and low-flush toilets. Energy Efficient Lighting and Controls Applicant will work with our architects, engineers, and design consultants to ensure the most efficient and cost-effective means of providing electricity to Applicant’s dispensary. Appli- cant will use energy-efficient LED lighting and adjust daylight and nighttime lighting accord- ingly to reduce energy consumption. Lighting will be programmed to operate on a circadian lighting system to minimize energy usage. All appliances and equipment such as computers, refrigerators, kitchen equipment, and POS stations will incorporate energy-efficient technol- ogy to the highest extent possible. Climate Control and Energy Consumption Applicant anticipates that a large portion of its energy consumption will be from the HVAC system. Applicant will integrate the most efficient climate control system pos- sible, preserving indoor air quality while minimizing energy consumption. All staff will be trained on energy conservation practices to ensure that Applicant’s dispensary is only consuming as much energy as needed to safely operate. Sales Associates will turn off computers, appliances, and POS systems when not in use to conserve energy. Alternative Transportation Incentive Program Applicant will offer rewards to customers and employees that mirror our emphasis on environmental conscious- ness. Team members who engage in environmentally friendly practices, such as riding bicycles, walking, or ENERGY STAR CRESCENT COSMOS LLC 125 SECTION 7: COMMUNITY BENEFITS PLAN carpooling to work will earn reward points which may be exchanged for incentive prizes. Customers who engage in similar behavior or bring in used cannabis packaging for recycling will be eligible to receive a 5% discount on their purchase. Eco-Friendly Delivery Vehicles Applicant realizes the importance of limiting greenhouse gas emissions to Fresno’s Sierra View 2025 goal of increasing the visibility of the Sier- ra Mountains. To help contribute to this initiative and mitigate its carbon footprint, Applicant will purchase and use clean, energy-efficient, zero or low-emission vehicles for deliveries. Sustainable Product Selection Applicant will make purchasing decisions using criteria that favors environmentally conscious and sustainable growers and cultivators. When selecting the products to stock Applicant’s shelf space, preference will be given to cultivators that meet the following growing practices: 1. Avoid pesticides, chemicals, or synthetic fertilizers; 2. Tender a diverse range of strains; 3. Grow both by the sun and indoors with LED; 4. Value quality of the product over mass-production; 5. Grow on 1/2 of an acre or less; 6. Indoor cultivators who grow in less than 10,000 square feet of canopy. Applicant has already identified partners such as Flow Kana and Arcanna Flowers that meet the above criteria and Applicant intends to purchase products from them if Applicant is awarded a license. Flow Kana Flow Kana is a pioneer in the cannabis industry, creating the first sustain- able, sun-grown cannabis brand that embraces California values and the small farm ecosystem. Over the past 5+ years, Flow Kana has focused its sourcing ef- forts on the Emerald Triangle (Mendocino County, Humboldt County, Trinity County). Mendocino County has a 10,000 square foot cap per parcel for culti- vation permits which ensures that the cannabis farmers in Mendocino County are small-scale cannabis cultivators. Arcanna Flowers Arcanna Flowers provides California patients and partners with sustain- ably grown cannabis. Their flowers are produced lovingly by farmers in Mendocino Generations, a Mendocino County-based alliance of farmers who grow, breed, and make organic and biodynamic herbal medicines from parcels of less than 10,000 square feet. Mendocino Generations is a group of compliant small farmers united in cultivating sun-grown, organic cannabis. Their multi-generational members produce and pro- mote clean cannabis, preserving our culture and community while be- ing respectable stewards of the land. Toyota Prius Hybrid Vehicle CRESCENT COSMOS LLC 126 SECTION 7: COMMUNITY BENEFITS PLAN Management Systems and Energy Audits To monitor and ensure compliance with our environmentally conscious standards, Applicant will conduct semi-annual energy audits to optimize our energy usage in light of our business needs. Applicant will contract with the San Joaquin Valley Clean Energy Organization (“SJVCEO”) to conduct its audits and monitor compliance with its sustainable standards. The SJVCEO specializes in helping partner organizations optimize their energy usage and has a proven track record of helping conserve energy in high-usage, rural environments. 7.2 PUBLIC HEALTH OUTREACH; CANNABIS EDUCATION; AND DRUG DIVERSION Adult Outreach Applicant welcomes the opportunity and obligation to educate members of the public about safe cannabis use. Specifically, Applicant will provide members of the public with informational pamphlets regarding pertinent cannabis regulation and information, and also information anonymously for those who may have substance abuse disorders. Applicant embraces its duty to safely provision cannabis so that users can responsibly its many benefits. Applicant will further provide opportunities for members of the public and first-time cannabis users to engage staff through periodic educational seminars where members of the local community can learn more about the sci- ence and benefits of cannabis. When possible, Applicant will also be willing to open its doors to host a wide-range of discussions on social justice provided by local community leaders. To help people afflicted with alcohol, cannabis, or other recreational drug abuse or dependence, Applicant will provide informational pamphlets that connect those seeking help with resources so that individuals can take back control of their lives. Applicant will also train receptionists to recognize and engage with people that appear to be suffering from abuse of or dependence on cannabis, as well as other substances, and offer to provide local resources and anonymous support hotlines where these individuals can engage with professionals to begin their journey towards recovery. Youth Outreach and Interdiction Applicant believes that a vehicle for combating public health issues is to confront and address the underlying Applicant believes that a vehicle for combating public health issues is to confront and address the underlying traumas that exacerbate them. Applicant plans to create a partnership with the Fresno Economic Commission’s Street Saints to help children address anguish caused by the wildfires, pandemic, and social distancing that direct- ly impacts children. Applicant believes in harm reduction as a proven way of lessening adolescent drug use. The underlying premise of a harm-reduction-based approach is the acceptance that some youth will engage in illicit drug use despite best efforts, and the crafting of interventions to mitigate the harm for those impacted. Applicant will work to support a two-tiered approach that focuses on prevention, treatment, and rehabilitation. To further this goal, Applicant will work with Fresno Street Saints and Barrios Unidos to support their educational drug interdiction programming and help provide materials centered around the dangers of cannabis use. Applicant recognizes the dangers of un- derage cannabis use including harm to the developing brain and body, the danger of driving intoxicated, or being a passenger of an intoxicated driver. Part of dissuading youth from trying drugs in the first place is educating young people about the serious impacts that it can have on their health. Applicant will work with its partners to develop educational material that describes, in an authoritative manner, the way that cannabis affects the developing body CRESCENT COSMOS LLC 127 SECTION 7: COMMUNITY BENEFITS PLAN and highlights the serious dangers of driving while impaired. Further, Applicant will work with the Street Saints and Barrios Unidos to connect youth impacted by drug use with treatment options and resources to facilitate their recovery and rehabilitation. While cannabis provides many benefits, Applicant realizes the dangers that can result from adolescent use. Appli- cant will do everything in its power to discourage risk-taking behavior. Applicant desires not only to be a member of the community in good standing with Fresno’s residents and business, but also a leader of change and progress for the City. 7.3 FRESNO COMMUNITY REINVESTMENT FUND Applicant is dedicated to helping the local equity businesses of Fresno thrive. In addition to 1% of our gross rev- enues already being dedicated to local charities, Applicant will proudly contribute an additional 1% of its annual gross revenue to the Fresno Community Reinvestment Fund if ultimately awarded a license to operate. The Fresno Community Reinvestment Fund supports local equity businesses in their efforts to facilitate work- force development, access affordable commercial real estate, access investment financing, and access legal ser- vices. Further, Applicant remains dedicated to helping equity candidates thrive and will provide whatever support it can to help those affected by the War on Drugs achieve equal footing. Applicant will proudly contribute an additional 1% of its annual gross revenue to the Fresno Community Reinvestment Fund