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HomeMy WebLinkAboutCSE-20-9 SKG Trinity RedactedApplication Type Social Equity Criteria Applicant (Entity) Information Social Equity Cannabis Business Permit Application CSE-20-9 Submitted On: Nov 11, 2020 Applicant Tin Westen 949-420-9312 tin@westenlawpc.com In order to qualify as a social equity applicant, applicants must satisfy at least one of the following criteria: 1. Low income household and either: a. A past conviction for a cannabis crime, or b. Immediate family member with a past conviction for a cannabis crime. 2. Low income household in a zip code identified as at least 60% according to the CalEnviroScreen for five (5) consecutive year period and either: a. A past conviction for a cannabis crime, or b. Immediate family member with a past conviction for a cannabis crime. 3. Low income household and either: a. Five (5) years cumulative residency in a zip code identified as at least 70% according to the CalEnviroScreen, or b. Ten (10) years cumulative residency in a zip code identified by CalEnviroScreen. 4. Business with no less than fifty-one percent (51%) ownership by individuals who meet Criteria 1 and 2 above. 5. Cannabis social enterprise with no less than fifty-one percent (51%) ownership by individuals who meet Criteria 1 and 2 above. 6. An individual with a membership interest in a cannabis business formed as a cooperative. Do you meet the above criteria, and want to apply as a Social Equity Applicant? Yes Please state your annual income:Do you have a past cannabis conviction? No Do you claim eligibility based on a family member past cannabis conviction? No Do you represent a cannabis social enterprise? No Do you have a membership interest in a cannabis cooperative? No Application Type Proposed Location Applicant (Entity) Name: SKG Trinity DBA: -- Physical Address: 621 N FULTON STREET City: Fresno State: California Zip Code: 93728 Primary Contact Same as Above? No Primary Contact Name: Tin Westen Primary Contact Title: Attorney Primary Contact Address: Primary Contact City: Irvine Primary Contact State: California Primary Contact Zip Code: 92620 Primary Contact Phone: 949-420-9312 Primary Contact Email: tin@westenlawpc.com HAS ANY INDIVIDUAL IN THIS APPLICATION APPLIED FOR ANY OTHER CANNABIS PERMIT IN THE CITY OF FRESNO?: No 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. Permit Type Retail (Storefront) Business Formation Documentation: Limited Liability Company Property Owner Name: -- Proposed Location Address: -- City: -- State: -- Zip Code: -- Property Owner Phone: -- Property Owner Email: -- Assessor's Parcel Number (APN): -- Proposed Location Square Footage: -- Business Name: SKG Trinity SOCIAL EQUITY APPLICANT - IF SUBMISSION REQUIREMENTS MET, APPLICATION PASSES Application #: CSE-20-9 ADVANCEMENT IS NOT BASED ON PHASE II SCORE PER APPLICATION PROCEDURES. CANNABIS BUSINESS PERMIT APPLICATION REVIEW - RETAIL Points Possible All or None Exceptional Good Acceptable Applicant Score Evaluation Notes (Explain each time points are deducted) SECTION 1: BUSINESS PLAN 300 Points Possible for Section 1 Resume: Resumes Provided for All Owners: Score 5 5 5 Resumes Provided in 2-page Format: Score 2 2 2 Education: (select highest academic level among ownership team, cannabis specific education separately) Cannabis specific education/training (accredited)2 2 0 Not described High School Degree Reported: Score 4 4 4 Kim in college. Other two unspecified education Bachelor's Degree Reported: Score 6 6 - Master's Degree or Higher Reported: Score 8 8 - Experience: (among ownership team, select one at highest level) Regulated Cannabis Retail Ownership Experience CA 13 13 - Regulated Cannabis Retail Experience CA (management level or below): Score 10 10 10 management experience for all 3 owners Other Retail Business Experience Reported, More than 5 years: or 8 8 - Other Retail Business Experience Reported, Less than 5 Years: Score 5 5 - 1.1 Sub-Total:30 21 Construction Cost Estimate: Construction Cost Estimate Provided: Score 8 8 6 4 4 Has figures but no detail Construction Contingency Factor Included: Score 6 6 0 Not included All Labor, Trades, Materials, Supplies and Permits and other Cost Factors Identified: Score 6 6 4 2 0 Not included Reference Data Provided for Unit Cost Factors: Score 5 5 3 1 0 Not included Operation and Maintenance Cost Estimates: Operation and Maintenance Cost Estimate Provided: Score 8 8 6 4 4 Has some figures but no detail All Labor, Trades, Materials, Supplies, Utilities, and other Cost Factors Identified: Score 6 6 4 2 2 Very basic Annual Cost Escalators for Operating Costs Provided: Score 6 6 4 2 0 Not included Reference Data Provided for Unit Cost Factors: Score 5 5 3 1 0 Not included 1.2 Sub-Total:50 10 Proof of Capitalization Specific to one or more Owners: Score 5 5 0 Not specific Proof of Capitalization Specific to Business Name/Address: Score 5 5 5 1.1 Owner qualifications. Resumes are not to exceed two (2) pages per owner. (30 points possible) 1.2 A budget for construction, operation, and maintenance, compensation of employees, equipment costs, utility cost, and other operation costs.(50 points possible) 1.3 Proof of capitalization in the form of documentation of cash or other liquid assets on hand, Letters of Credit or other equivalent assets which can be verified by the City. (50 Points Possible) Criteria Narrative: Criteria Narrative: Proof of Capitalization Sufficient to Cover Proforma (3 months) and Construction Costs: Score 15 15 15 Their estimate is $ for startup, and have a $ letter of credit. No salaries to be drawn until profitable Certified Audited Financial Report Provided for one or more Owners: Score 5 5 0 Not included Score one of the following for a maximum 20 points: Capital source is 100% liquid (cash in owners bank, no debt obligation)20 20 - Capital souce is debt obligation (letter of credit/loan from individual or institution) 10 10 10 Capital consists of non-liquid assets (i.e. real property)8 8 - Capital consists of a mixture of liquid and non-liquid assets 15 15 - 1.3 Sub-Total:50 30 Three Years of Data Provided: Score 10 10 8 6 6 very basic Total Gross Revenue Estimates Provided:3 3 3 Total Gross Revenue by Product Type (flower and manufactured) Identified:3 3 0 Not included Total Personnel Costs Provided:5 5 4 3 3 Has figures but no detail Total Property Rental or Purchase Costs Provided:2 2 2 Total Utilities Costs Provided:2 2 2 Total Cannabis Product Purchase Expense Provided 2 2 2 All Contract Services Identified:2 2 2 Annual Net Revenue Identified:3 3 3 Annual Cost Escalators Identified:4 4 3 2 2 Very little costs shown as escalating, no explanation Annual Estimated Sales Tax Payments to State Provided:2 2 0 Not included Annual Estimated Sale Tax Payments to City of Fresno Provided:5 5 2 Annual Business Tax License and Cannabis Permit Fee Provided:2 2 0 Not included Annual Net Income Provided:5 5 5 Scoring Guidance: full points for realistic figures for all three years. Dock points for severe miscalculations, unrealistic estimates, or providing less than the request three years. 1.4 Sub-Total:50 32 Hours of Operation Provided: Score 5 5 5 Hours of Operation Provided for all 7 days of the week: Score 3 3 3 Hours of Operation Provided for Holidays: Score 2 2 2 Opening and Closing Procedures Provided: Score 10 10 8 6 6 Opening doesn't discuss Security's role or alarm, closing doesn't mention alarm. Scoring Guidance: full points for describing information in detail. Dock points for leaving information out or not providing enough detail. 1.5 Sub-Total:20 16 1.6.1 Fully describe the day-to-day operations if your applying for a retail permit: 1.6 Daily operations. With as much detail as possible, the Business Plan should describe the day-to-day operations which meet industry best practices. This should include at a minimum the following criteria for each permit type in which you are applying for a permit. (100 points possible) 1.4 Pro forma for at least three years of operation. 1.5 Fully describe hours of operation and opening and closing procedures. (20 points possible) Criteria Narrative: Criteria Narrative: Criteria Narrative: i. Describe customer check-in procedures.20 20 15 10 20 II. Identify location and procedures for receiving deliveries during business hours.10 10 8 6 10 iii. Identify the name of the Point-of-sale system to be used and the number of Point-of-Sale locations.10 10 10 Blaze, 3-4 POS locations iv. The estimated number of customers to be served per hour/day.20 20 15 10 20 100-300 customers per day, 8-23 per hour. Doesn't describe peaks/patterns. v. Describe the proposed product line to be sold and estimate the percentage of sales of flower and manufactured products.20 20 15 10 20 vi. If proposed, describe delivery service procedures, number of vehicles and product security during transportation. (if no delivery service application must state this clearly for full points)20 20 15 10 20 1.6 Sub-Total:100 100 Section 1 Total:300 209 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE 400 Points Possible for Section 2 Description of Commitment to pay a Living Wage provided: Score 10 10 8 6 10 Definition of Living Wage Provided: Score 5 5 4 3 0 did not define Living Wage Defined as Greater than Minimum Wage: Score 5 5 5 $ minimum 2.1 Sub-Total:20 15 Wages and Salary CCB Entry-Level Hourly Wage Greater than Minimum Wage 5 5 5 CCB Entry-Level Annual Salary Greater than Median Household Income ($50,432)5 5 0 Health Care Benefits CCB Offers Medical Coverage to All Employees: Score 5 5 5 CCB Offers Dental Coverage to All Employees: Score 3 3 3 CCB Offers Vision Coverage to All Employees: Score 3 3 0 vision not mentioned CCB Offers Health Reimbursement Account for Qualified Medical Expenses: Score 1 1 0 Employee Pays $0 for Employee Medical Premium: Score 3 3 3 Employee Pays $0 for Employee Dental Premium: Score 2 2 2 Employee Pays $0 for Employee Vision Premium: Score 2 2 0 Employee Pays less than $500 per month for Family Health Care Coverage (Medical, Dental, Vision): Score 2 2 0 Family coverage not mentioned Leave Benefits Number of Paid Vacation/PTO Days Per Year: (10+ days = excep; 6-9 days = Good; 3-5 days Acceptable)5 5 4 3 4 9 days Number of Paid Holidays Per Year: (10 or more paid holidays = excep; 4-10 = Good; 1-3 Acceptable)5 5 4 3 0 not mentioned Number of days paid time off for Sick/Medical time: (7+ days= Exceptional, 4-6 days = Good, 3 days = acceptable (8 hour day))5 5 4 3 5 Retirement Offers employee retirement plan 2 2 2 Criteria Narrative: Criteria Narrative: 2.1 Describe whether the Commercial Cannabis Business is committed to offering employees a Living Wage. (20 points possible) Scoring Guidance: https://livingwage.mit.edu/counties/06019 2.2 Briefly describe benefits provided to employees such as health care, vacation, and medical leave, to the degree they are offered as part of employment. (50 points possible) Offers company match for employee retirement plan 2 2 2 5% match 2.2 Sub-Total:50 31 CCB Provides Tuition Reimbursement for Certificates: Score 3 3 3 corporate training program at FCC, 2year 100% cost covered CCB Provides Tuition Reimbursement for associate degrees: Score 3 3 0 CCB Provides Tuition Reimbursement for bachelor's degrees: Score 3 3 0 CCB Provides Tuition Reimbursement for master's degrees: Score 3 3 0 CCB Provides Tuition Reimbursement for Specialized Commercial Cannabis Business Operations Training: Score 3 3 0 CCB Offers General Training for Health and Safety, Workplace Environment, Customer Service, etc. 5 5 4 3 5 2.3 Sub-Total:20 8 General Recruitment Plan Provided: Score 10 10 8 6 0 Social Policy Recruitment Plan Provided: Score 10 10 8 6 8 some specific strategies but no hiring partners mentioned. Recruitment Plan Includes Demographic Data for District, City or County: Score 10 10 8 6 0 Recruitment Plan Includes List of CBOs, Non-Profits and Public-Agency Hiring Partners: Score 10 10 8 6 0 Recruitment Plan Includes Hiring Targets (percentages) by Demographic Groups: Score 10 10 8 6 6 80% local hire target but no breakdown 2.4 Sub-Total:50 14 Owners Number of Owners:3 Number of Owners that live within the City of Fresno:1 Number of Owners that live in the County of Fresno:0 Number of Owners that Own a Business in the City of Fresno:0 51%+ ownership interest percent of the Owners live or own a business in the City: Score 80 80 80 51%+ ownership interest percent of the Owners live or own a business in the County: Score 40 40 - Less than 50 percent equity of the Owners live or own a business in the City (If no owners are local, score zero)20 20 - Managers Number of Managers (salaried, non-owners)not specified Number of Managers that live in the City of Fresno: Number of Managers that Own a Business in the City of Fresno: 100 percent of the Managers live or own a business in the City: Score 20 20 0 Criteria Narrative: Criteria Narrative: Criteria Narrative: Data, non-scored. Write response in Evaluation Notes column. Data, non-scored. Write response in Evaluation Notes column. IF full points achieved for Ownership category, don't score managers. Section is total of 80 points possible. 2.3 Describe compensation to and opportunities for continuing education and employee training.(20 points possible) 2.4 Describe the Commercial Cannabis Business plan to recruit individuals who meet the criteria listed in the Social Policy Section 9-3316 (b) (1) of the Fresno Municipal Code (FMC) and the percentage of local employees it hires. (50 points possible) 2.5 Describe the extent to which the Commercial Cannabis Business will be a locally managed enterprise whose owners and /or managers reside within or own a commercial business within the City of Fresno, for at least one year prior to March 2, 2020.(80 points possible) 75 to 99 percent of the Managers live or own a business in the City: Score 15 15 0 50 to 74 percent of the Managers live or own a business in the City: Score 10 10 0 Less than 50 percent of the Managers live or own a business in the City: Score 5 5 0 2.5 Sub-Total:80 80 Responsibilities Described for All Titles/Positions: Score 20 20 15 10 20 2.6 Sub-Total:20 20 Does CCB have more than five employees: 5 5 5 13 employees CCB has signed a peace agreement: Score 5 5 5 has signed one already 2.7 Sub-Total:10 10 Work Force Plan Provided: Score 10 10 8 6 10 Commitment to Local Hire Provided:10 10 8 6 10 committed to 80% Commitment to Offer Apprenticeships Provided:10 10 8 6 0 Commitment paying for continuing education provided 10 10 8 6 6 FCC corporate program Description of commitment to paying a living wage provide. (Score same as sec. 2.1)10 10 8 6 10 2.8 Sub-Total:50 36 CCB is willing to serve as Social Equity Business Incubator: Score 100 100 80 60 N/A This is a social equity application Mentorship and Training: Score Equipment Donation: Score Shelf Space: Score Legal Assistance: Score Finance Services Assistance: Score Other Technical Assistance: Score Scoring Guidance: full points for willingness to serve with detailed plan offering at least three aspects mentioned above or of similar benefit. Less points for willingness to serve but vague or unclear commitment. Zero points if there is no clear commitment to serve as Incubator. 2.9 Sub-Total:100 0 Criteria Narrative: 2.9 Describe whether the business is willing to serve as a Social Equity Business Incubator by offering support to local cannabis social equity businesses in the form of mentorship, training, equipment donation, a percentage of shelf space dedicated to Fresno equity business products, legal assistance, financial services assistance, or other technical assistance support.(100 points possible) Criteria Narrative: Data to inform score on first line of this section. Write response in Evaluation Notes column. 2.8.3. Commitment to pay a living wage to its employees 2.6 Describe the number of employees, title/position and their respected responsibilities.(20 points possible) 2.7 Describe whether the CCB has five (5) or more employees and whether it has signed a labor peace agreement allowing employees to unionize without interference. (10 points possible) 2.8 Provide a workforce plan that includes at a minimum the following provisions: (50 points possible) 2.8.1. Commitment for 30% of employees to be local hires; the business must show that it has either hired or made a good faith effort to hire bona fide residents of Fresno who have not established residency after the submission of an application for employment with the applicant/permittee. 2.8.2. Commitment to offer apprenticeships and/or compensation for continuing education in the field; and Criteria Narrative: Criteria Narrative: Section 2 Total:400 214 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN 300 Points Possible for Section 3 CCB will document complaints (time of complaint, nature of complaint, resolution of complaint): Score 10 10 8 6 6 Needs more detail CCB will established a dedicated contact person to receive complaints: Score 10 10 10 CCB will establish a dedicated phone number to receive complaints: Score 5 5 5 CCB will establish a dedicated email address to receive complaints: Score 5 5 0 Info not provided CCB will establish a response time standard for returning complaint calls and emails: Score 5 5 0 Info not provided CCB will schedule or participate in periodic community meetings to engage with residents about the CCB operation: Score 10 10 0 Info not provided Other measure unique to business (i.e. website complaint form)5 5 0 Info not provided Scoring Guidance: full points for detailed proactive plan addressing all aspects mentioned. Dock points for leaving out aspect, vagueness, or reactive plans. 3.1 Sub-Total:50 21 CCB will maintain a listserv of community residents to update and information residents of business operations. 10 10 0 Info not provided CCB will schedule or attend periodic community meetings (at least annually) to engage with residents about the CCB operation: Score 10 10 0 Info not provided CCB will prepare a community outreach and engagement plan: Score 50 50 40 30 0 Info not provided CCB will issue periodic Newsletters to community providing information about CCB operations 10 10 0 Info not provided CCB will hire residents from the community work at the CCB: Score 20 20 0 Info not provided Scoring Guidance: full points for detailed proactive plan. Dock points for leaving out aspect, vagueness, or reactive plans. 3.2 Sub-Total:100 0 CCB has identified sensitive receptors to nuisance odors in vicinity of business operations: Score 5 5 0 Info not provided CCB has prepared a nuisance odor control plan: Score 10 10 8 6 10 Nuisance odor control plan identifies locations where fugitive emissions may exit the premise boundary: Score 5 5 5 Nuisance odor control plan describes specific odor control measures to reduce fugitive emissions exiting the premise boundary: Score 5 5 5 CCB has established an odor reporting system: Score 5 5 0 Info not provided CCB will install a nuisance odor monitoring system: Score 10 10 0 Info not provided Criteria Narrative: Criteria Narrative: Criteria Narrative: Criteria Narrative: 3.1 Describe how the CCB will proactively address and respond to complaints related to noise, light, odor, litter, vehicles, and pedestrian traffic.(50 points possible) 3.2 Describe how the CCB will be managed to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community.(100 points possible) 3.3 Describe odor mitigation practices.(40 points possible) 3.3 Sub-Total:40 20 CCB has identified the potential sources of nuisance odors for the business operation: Score 10 10 8 6 6 Needs more detail Scoring Guidance: full points for detailed proactive plan. Dock points for vagueness or reactive plans. 3.4 Sub-Total:10 6 Nuisance odor control plan describes specific odor control equipment: Score 10 10 8 6 10 Nuisance odor control plan describes specific odor control measures/techniques: Score 10 10 8 6 10 Odor control measures are identified for different nuisance odor sources: Score 10 10 10 3.5 Sub-Total:30 30 Nuisance odor control plan describes the operation, monitoring, and maintenance requirements for odor control measures: Score 10 10 10 Nuisance odor control plan describes the staff training required for system operations, maintenance, repair, and troubleshooting.10 10 10 3.6 Sub-Total:20 20 CCB has identified the sources of waste generated by the business operation: Score 10 10 10 CCB has prepared a source-separation plan to segregate different sources of waste generated by business operations: Score 10 10 10 The source-separation plan identifies policy, procedures, and locations where different sources of waste are to be collected for disposal: Score 10 10 8 6 10 The source-separation plan describes specific measures to control the collection and disposal cannabis waste: Score 10 10 10 The name of licensed cannabis disposal company provided: Score 10 10 10 3.7 Sub-Total:50 50 Section 3 Total:300 147 SECTION 4: SAFETY PLAN 300 Points Possible for Section 4 Safety Plan Prepared by Consultant: Score 10 10 Safey Plan Assessed by Consultant: Score (if prepared by, also give points for assessed by)10 10 Safety Plan Prepared for CCB Address (specific proposed location): Score 10 10 Safety Plan includes Site Plan of Premise: Score 10 10 Criteria Narrative: 3.7 Describe the waste management plan. (50 points possible) 4.1 The Safety Plan shall be prepared and/or assessed by a professional fire prevention and suppression consultant. (50 points possible) 3.4 Identify potential sources of odor. (10 points possible) 3.5 Describe odor control devices and techniques employed to ensure that odors from cannabis are not detectable beyond the permitted premises. (30 points possible) 3.6 Describe all proposed staff odor training and system maintenance.(20 points possible) Criteria Narrative: Criteria Narrative: Criteria Narrative: Safety Plan includes Building Layout Plan: Score 10 10 4.1 Sub-Total:50 0 Written Accident/Incident Procedure Provided: Score 20 20 15 10 Procedures Address Multiple Accident/Incident Scenarios: Score 10 10 8 6 Total Number of Scenarios Described: Score Active Shooter Incident Described: Score 10 10 Robbery Incident Described: Score 10 10 4.2 Sub-Total:50 0 Evacuation Plan Provided: Score 20 20 15 10 Adequate Number of Evacuation Routes Identified: Score 20 20 15 10 Evacuation Route Distance to Public Right of Way: Score 10 10 8 6 4.3 Sub-Total:50 0 Location of Fire Suppression System Elements Identified: Score 10 10 Type of Fire Suppression System Elements Identified: Score 20 20 15 10 Location of Fire Extinguishers Identified: Score 10 10 Adequate Number of Fire Extinguisher Locations Identified: Score 10 10 8 6 4.4 Sub-Total:50 0 Written Procedure for Fire Emergencies Provided: Score 20 20 15 10 Written Procedure for Medical Emergencies Provided: Score 20 20 15 10 Cardiac Arrest Medical Emergency Described: Score 20 20 15 10 Gunshot Wound Medical Emergency Described: Score 20 20 15 10 Other Medical Emergency Conditions Described: Score 20 20 15 10 4.5 Sub-Total:100 0 Section 4 Total:300 0 SECTION 5: SECURITY PLAN 300 Points Possible for Section 5 Security Plan Prepared by Consultant: Score 10 10 Security Plan Assessed by Consultant(if prepared by, also give points for assessed by): Score 10 10 Security Plan Prepared for CCB Address (specific proposed location): Score 10 10 Security Plan includes Site Plan of Premise: Score 10 10 4.3 Describe evacuation routes. (50 points possible) 4.2 Describe accident and incident reporting procedures. (50 points possible) Criteria Narrative: 4.5 Describe procedures and training for all fire and medical emergencies.(100 points possible) 5.1 The Security Plan shall be prepared and/or assessed by a professional security consultant.(50 points possible) Criteria Narrative: Criteria Narrative: Criteria Narrative: 4.4 Location of fire extinguishers and other fire suppression equipment. (50 points possible) Criteria Narrative: Data-write response in Evaluation Notes Column Security Plan includes Building Layout Plan: Score 10 10 5.1 Sub-Total:50 0 Premises (Security) Diagram Provided: Score 20 20 15 10 Diagram is drawn to correct scale: Score 5 5 Diagram provides required details for premise: Score 5 5 Diagram shows the location of all security cameras: Score 5 5 Descriptions of activities to be conducted in each area of the premise 5 5 Limited-Access Areas Clearly Marked: Score 5 5 Number and Location of All Security Cameras Identified: Score 5 5 5.2 Sub-Total:50 0 Intrusion Alarm and Monitoring System Identified: Score 15 15 Name and Contact Information for Monitoring Company Provided: Score 5 5 Total Points of Entry into Premise Identified: Score 5 5 All Points of Entry to be Alarmed Identified:5 5 Type of Alarm Identified (motion, infrared, glass break, etc.): Score 10 10 Backup Power Supply Identified: Score 10 10 5.3 Sub-Total:50 0 Written Cash-Handling Procedure Provided: Score 30 30 20 15 Dual-Custody is Practiced for all cash handling: Score 10 10 Video Surveillance Used to Monitor All Cash Handling: Score 20 20 Armored Car Service Used for Bank Deposits: Score 10 10 All Cash Deposited weekly with Bank: Score 10 10 Onsite Vault Provided to Secure Cash Prior to Bank Deposit: Score 20 20 5.4 Sub-Total:100 0 5.2.3 Description of cannabis activity that will be conducted in each area of the premise. Commercial cannabis activities that must be identified on the diagram/site plan may include but are not limited to the following if applicable to the business operations; storage areas, batch sampling areas, loading/unloading of shipment areas, packaging and labeling, customer sales areas, training areas, employee break room areas, extractions, infusions, processing, and testing areas. 5.2.4 Limited-access areas, defined as areas in which cannabis goods are stored or held and only accessible to permittees, or its employees or contractors and areas used for video surveillance monitoring and storage devices (Pursuant to CCR Title 16, Division 42, §5000 (m) Limited-Access Area and §5042 Limited-Access Area. 5.2.5 Number and location of all video surveillance cameras. (50 points possible) 5.4 Briefly describe cash handling procedures which covers day to day transactions with customers, vendors armor carrier vehicles and transporting it to the bank.(100 points possible) 5.3 Identify intrusion alarm and monitoring system including the name and contact information for the monitoring company (if the company has been selected).(50 points possible) Criteria Narrative: Criteria Narrative: Criteria Narrative: 5.2 Premises (Security) Diagram. In addition to diagrams submitted for other sections of the application, applicants are expected to submit a premises diagram (or site plan) which, focuses on the proposed security measures and how they relate to the overall business. (Pursuant to CCR Title 16, Division 42, §5006. Premises Diagram). 5.2.1 The diagram shall be accurate, dimensioned and to scale (minimum scale ¼"). The scale may be smaller if the proposed location exceeds more than a 1/2-acre parcel but must not be printed on larger than an 11" x 17" sheet of paper. (Blueprints and engineering site plans are not required at this point of the application process) 5.2.2 The diagram must be drawn to scale and clearly identify property boundaries, entrances, exits, interior partitions, walls, rooms, windows, and doorways. The activity in each room and the location of all cameras must be identified in the diagram. Criteria Narrative: CCB will use onsite security guards: Score 10 10 All onsite guards will be licensed and bonded: Score 10 10 All onsite security guards will be licensed to carry firearms: Score 10 10 Onsite security guards will be on duty before CCB opens for business: Score 10 10 Onsite security guards will be on duty after CCB closes for business: Score 10 10 5.5 Sub-Total:50 0 Section 5 Total:300 0 Section 1: Business Plan Total Points:300 209 Section 2: Social Policy & Local Enterprise Total Points:300 214 Section 3: Neighborhood Compatibility Total Points:300 147 Section 4: Safety Plan Total Points:0 0 Section 5: Security Plan Total Points:0 0 Total Points Achieved:900 570 PASS TOTAL SCORE 5.5 Discuss whether the CCB will utilize the services of on-site security guards. Include in the discussion: (50 points possible) 5.5.1 Number of guards. 5.5.2 Hours guards will be on-site. Criteria Narrative: 5.5.3 Locations at which they will be positioned. 5.5.4 Guards' roles and responsibilities. 1 Dwight K. Summerfield January 26, 2021 RE: Letter of Intention to Lease at 842 North Fulton Street, Fresno, California 93728 (APN 452-115-08) Dear SKG Trinity LLC: I am pleased to offer you the following terms and conditions upon which we would be willing to lease the space at 842 North Fulton Street, Fresno, California, 93728 pursuant to this binding Letter of Intent. Further, and if necessary, 840 North Fulton Street is available as well. Approximately: 1,000 Square Feet. Term: 10 years. Option Term: Two 10 year renewal option. Use: Commercial Cannabis Business for Storefront Retail. Possession: Within 12 months of the date of this Letter (“Possession Date”). Rent Commencement: Rent, Operating Expenses and all other monies due under the lease shall commence upon the earlier to occur of Tenant opening for business in the Premises, or 30 days following the Possession Date. Monthly Rent: Security Deposit: An amount equal to the Base Rent for the final month of the Term. Utilities: Tenant shall pay all utilities actually used by Tenant on the Premises. Signage: To the extent permitted by the City of Fresno, and subject to Landlord’s consent, Tenant shall be entitled to signage on the exterior of the Premises. Janitorial. Tenant shall be responsible for its own janitorial services, including garbage removal. Landlord shall provide the garbage container. Parking, Access and Common Areas: Tenant, its patrons and employees, shall have the non- exclusive right to park throughout the Premises at designated parking spots on a 24/7 basis. DESCRIPTION OF 842 N. FULTON STREET The premises at 842 N. Fulton Street (“Premises”) is a stand-alone building that was divided into two units, which consists of 840 N. Fulton Street and 842 N. Fulton Street, and is owned by the same property owner. Both units are currently vacant. The only other building directly adjacent to the Premises is 898 N. Fulton Street, which is also currently vacant. There is a parking lot between 842 N. Fulton Street and 898 N. Fulton Street, and there are also parking spaces to the back of the Premises. To the back and side of the Premises is the Friant-Kern Canal. PLANNING AND DEVELOPMENT DEPARTMENT 2600 Fresno Street • Third Floor Jennifer K. Clark, AICP, Director Fresno, California 93721-3604 (559) 621-8277 FAX (559) 498-1026 November 19, 2020 Please reply to: Rob Holt (559) 621-8056 Tin Western 14271 Jeffrey Rd, #107 Irvine, CA 92620 Dear Applicant: SUBJECT: ZONING INQUIRY NUMBER P20-04100 REQUESTING INFORMATION REGARDING CANNABIS RETAIL FOR PROPERTY LOCATED AT 842 NORTH FULTON STREET (APN 452-115-08) 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 CMS, which is one of the allowable zone districts for cannabis retail businesses. Development standards of the CMS zone district are available in Sections 15-1203, 15-1204, and 15-1205 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 P20-04100 842 North Fulton Street 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 3. There are currently no cannabis retail businesses located in Council District 3. 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 CONFIDENTIAL The images contained herein are merely generic and do not depict the actual representations. 15 The entrance to the premises will be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years is permitted to enter upon the premises, and no person under the age of eighteen (18) is permitted to enter upon the premises. Persons at least eighteen (18) years old shall be allowed on the premises to purchase medicinal cannabis or medicinal cannabis products. The entrance will be clearly and legibly posted with a notice that smoking, ingesting, or otherwise consuming cannabis or cannabis products on the premises or in the areas adjacent to the business is prohibited. Entrances will be locked at all times with entry strictly controlled. Only managers and security guards will have keys or access to the premises. A "buzz-in" electronic/mechanical entry system will be utilized to limit access to and entry to the premises to separate it from the reception/lobby area. Customers must show their identication and be qualified to purchase cannabis in order to gain access into the retail floor of the premises. The premises will have only one entrance which members of the public enter and exit. After entering through the front door, customers will be greeted by a security guard and a staff member in the secured lobby area of the premises. The security guard will scan customers for weapons, and a staff member will verify the age of the customers. A security guard and staff member will be present at all times in the lobby area during the hours of operation. Customers must have a valid ID card that states they are 21 years or older, unless they have a valid doctor’s recommendation and in that case, a customer must be at least eighteen (18) years old to be allowed on the premises to purchase medicinal cannabis or medicinal cannabis products. The ID card will be scanned for counterfeit, and the doctor’s recommendation will be verified by a telephone call to the office of the recommending physician. If the customer does not have a valid ID card or doctor’s recommendation, the security guard will escort that customer to the door to exit the premises. At check-in, a staff member will remind customers that they must comply with the following rules: Any inappropriate conduct or language will not be tolerated and is cause for being asked to leave the premises, and repeated offenses may result in permanent refusal of service; and For the protection of customer privacy and for security reasons, photography or video recording is prohibited within the premises. Once the verification process in completed, customers will be “buzzed in” to the sales floor. y CONFIDENTIAL The images contained herein are merely generic and do not depict the actual representations. 8 • Ensure proper functioning of and maintaining basic safety requirements of the delivery vehicle • Comply with safety and traffic laws 2.7. Describe whether the Commercial Cannabis Business has five (5) or more employees and whether it has signed a labor peace agreement allowing employees to unionize without interference. Since SKG Trinity anticipates that it will have thirteen employees, it has contacted a labor union and has signed the following Labor Peace Agreement on the next few pages: CONFIDENTIAL The images contained herein are merely generic and do not depict the actual representations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¶V DFWLYLWLHV VKDOO QRW GLVUXSW RU LQWHUIHUH ZLWK WKH (PSOR\HU¶V RSHUDWLRQV RU EXVLQHVV & 1R 6WULNH 7KH XQLRQ DQG DQ\ HPSOR\HHV LW UHSUHVHQWV ZLOO QRW HQJDJH LQ RU HQFRXUDJH DQ\ VWULNHV, VORZGRZQV, SLFNHWLQJ RU RWKHU FRQFHUWHG DFWLYLW\ 7KH XQLRQ ZLOO QRW HQJDJH LQ DQ\ SI< r-I ., ..• y CONFIDENTIAL The images contained herein are merely generic and do not depict the actual representations. 2 Ø Noise, Litter, Vehicles, and Pedestrian Traffic With respect to noise, litter, vehicles, and pedestrian traffic, SKG Trinity plans to have two security guards at the premises such that the security guards will be proactively monitoring noise, litter, vehicles, and pedestrian traffic. SKG Trinity will not have any speakers on the exterior of the building, so noise should not be a problem. For music playing inside the store, SKG Trinity will be respectful of our neighbors and ensure proper volume control at all times. Further, the premises will be well-insulated and sound-proof such that any interior noise of the premies cannot be heard outside of the premises. SKG Trinity’s proposed location is at 842 NORTH FULTON STREET, and it is not anticipated that there will be issues with vehicle or pedestrian traffic since it’s not located in a busy area. However, security guards will be trained to not allow cars to be parked in unmarked parking spots, and that there will be no loitering of indviduals in front of the store. SKG Trinity will ensure that xterior vegetation will be planted, altered, and maintained in a fashion that precludes its use as a hiding place for persons on the premises. Ø Lighting In terms of lighting, SKG Trinity will ensure that its architecture plans will include lights that are not too bright, but have the proper candescent to ensure there is enough light to deter crime. Further, SKG Trinity will routinely check and replace any light bulbs or fixtures on the exterior of the building. The closing manager will routinely check that all exterior lights are working properly, and the security guards will be instructed to notify SKG Trinity when light bulbs need to be replaced. Ø Odor Lastly, SKG Trinity’s build-out plans will have state of the art equipment to actively address any odors issues. SKG Trinity will use best available odor control technology so that odors from the premises will not be detectable from outside the premises. Since all product will be sold pre-packaged, there will be minimal odor, if any. However, it is important to SKG Trinity that proper and adequate equipment will be installed so that the storefront will be virtually odorless. SKG Trinity will install an odor control device that includes carbon filters to the HVAC exhaust fan to properly ventilate any potential odors from entering into the community. The filters will be changed frequently so there will not be any cannabis-related odor emitted from our retail store. SKG Trinity also be posting a notice in the lobby to inform customers that they may not consume cannabis or cannabis products in the vicinity of the premises. SUPPLEMENTAL APPLICATION SUBMITTAL REQUIREMENTS We, as Managers on behalf of Applicant SKG Trinity, hereby state that Applicant will employ within one year of receiving a commercial cannabis business permit, one supervisor and one employee who have completed a Cal-OSHA industry outreach course offered by a duly authorized training provider (FMC 9-3316(c)). We also state and sign under penalty of perjury, that all information contained in the application submitted by Applicant SKG Trinity is true and correct. We understand that a subsequent finding of false information shall be grounds for denial or revocation of the commercial cannabis business permit. We also understand that denial or revocation on these grounds shall not be appealable (FMC 9-3319(d)). ____________________________ SOUTCHAY SOYINTHISANE ____________________________ KIMBERLY ELLEN CLINE ____________________________ THOMAS PATRICK GRIER See signature attached See signature attached See signature attached Date Signed: January 7, 2021