46
1 Nunez, Guille From: Damian A. Martin <[email protected]> Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell, Steve; Nunez, Guille Subject: RE: Response to D. Martin Attachments: 1 - Letter RE Continued Request for Appeal of Commercial Cannabis Screening Application.pdf; 2 - Reply to WOW Health & Wellness, LLC, dated June 20, 2019.pdf; 3 - Decision RE WOW's Cannabis Screening Application dated June 6, 2019.pdf; 4 - Press Release RE Cannabis Application Selection Results dated June 5, 2019.pdf; 5 - Marijuana Regulations Broken Link as of June 30, 2019.pdf; 6 - Marijuana Regulations Page via Chrome as of June 30, 2019.pdf; 7 - Marijuana Regulations Page via Mobile as of June 30, 2019.PDF; 8 - Marijuana Regulations Page via Bing Cache as of June 30, 2019.pdf; 9 - The Public Record Act Request RE The Marijuana Regulations Webpage.pdf CAUTION: CAUTION: CAUTION: CAUTION: This email was delivered from the Internet. Do not click links or open attachments unless you know the content is safe. ------------------------ City Attorney Bagneris: Thank you for providing WOW Health and Wellness, LLC (“WOW”) the attached “Letter RE Continued Request for Appeal of Commercial Cannabis Screening Application” (the “Letter”). Ultimately, your Letter makes it completely clear that City Staff (primarily, you, the City Manager, and Director and Planning and Community Development) have closed ranks and will take every effort to deny WOW’s its legitimate right to Appeal the results of the City’s cannabis permit screening process—including outright fraud. The “clear” statement (the “Fraudulent Statement RE Appeal”) cited by the City for the first time in your Letter that, “Application scores and rankings are final and there is no appeal process”, was secretly, illegally, and in a total underhanded fashion added to the City Marijuana Regulations webpage—NOT “since at least June 5, 2019”—but rather at some point after WOW asserted its Appeal! To illustrate, the City Manager failed to cite such a clear quote in his attached “Reply to WOW Health & Wellness, LLC, dated June 20, 2019”. Nor was the Fraudulent Statement RE Appeal included in the attached (i) “Decision RE WOW's Cannabis Screening Application dated June 6, 2019” or (ii) “Press Release RE Cannabis Application Selection Results dated June 5, 2019”—both of which mirrored the City’s Marijuana Regulations webpage as of June 5th / 6th. Further, the Fraudulent Statement RE Appeal isn’t even a well-executed instance of fraud. Included with the Fraudulent Statement RE Appeal, is the statement, “The final application scores for commercial applicants is linked below.” However, the paragraphs above the Fraudulent Statement RE Appeal had already highlighted that, “Linked below is a complete list of all retail applicants and their scores . . . .In other words, the statement that, “The final application scores for commercial applicants is linked below”, is a total redundancy used to misleadingly add context and make it appear as though the Fraudulent Statement RE Appeal wasn’t added to the webpage completely after the fact.

Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

  • Upload
    others

  • View
    5

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

1

Nunez, Guille

From: Damian A. Martin <[email protected]>

Sent: Sunday, June 30, 2019 7:03 PM

To: Bagneris, Michele

Cc: Mermell, Steve; Nunez, Guille

Subject: RE: Response to D. Martin

Attachments: 1 - Letter RE Continued Request for Appeal of Commercial Cannabis Screening

Application.pdf; 2 - Reply to WOW Health & Wellness, LLC, dated June 20, 2019.pdf; 3 -

Decision RE WOW's Cannabis Screening Application dated June 6, 2019.pdf; 4 - Press

Release RE Cannabis Application Selection Results dated June 5, 2019.pdf; 5 - Marijuana

Regulations Broken Link as of June 30, 2019.pdf; 6 - Marijuana Regulations Page via

Chrome as of June 30, 2019.pdf; 7 - Marijuana Regulations Page via Mobile as of June

30, 2019.PDF; 8 - Marijuana Regulations Page via Bing Cache as of June 30, 2019.pdf; 9 -

The Public Record Act Request RE The Marijuana Regulations Webpage.pdf

CAUTION: CAUTION: CAUTION: CAUTION: This email was delivered from the Internet. Do not click links or open attachments unless you know the content is safe. ------------------------

City Attorney Bagneris:

Thank you for providing WOW Health and Wellness, LLC (“WOW”) the attached “Letter RE Continued Request for Appeal

of Commercial Cannabis Screening Application” (the “Letter”). Ultimately, your Letter makes it completely clear that

City Staff (primarily, you, the City Manager, and Director and Planning and Community Development) have closed ranks

and will take every effort to deny WOW’s its legitimate right to Appeal the results of the City’s cannabis permit screening

process—including outright fraud.

The “clear” statement (the “Fraudulent Statement RE Appeal”) cited by the City for the first time in your Letter that,

“Application scores and rankings are final and there is no appeal process”, was secretly, illegally, and in a total

underhanded fashion added to the City Marijuana Regulations webpage—NOT “since at least June 5, 2019”—but rather

at some point after WOW asserted its Appeal! To illustrate, the City Manager failed to cite such a clear quote in his

attached “Reply to WOW Health & Wellness, LLC, dated June 20, 2019”. Nor was the Fraudulent Statement RE Appeal

included in the attached (i) “Decision RE WOW's Cannabis Screening Application dated June 6, 2019” or (ii) “Press

Release RE Cannabis Application Selection Results dated June 5, 2019”—both of which mirrored the City’s Marijuana

Regulations webpage as of June 5th / 6th.

Further, the Fraudulent Statement RE Appeal isn’t even a well-executed instance of fraud. Included with the Fraudulent

Statement RE Appeal, is the statement, “The final application scores for commercial applicants is linked

below.” However, the paragraphs above the Fraudulent Statement RE Appeal had already highlighted that, “Linked

below is a complete list of all retail applicants and their scores . . . .” In other words, the statement that, “The final

application scores for commercial applicants is linked below”, is a total redundancy used to misleadingly add context and

make it appear as though the Fraudulent Statement RE Appeal wasn’t added to the webpage completely after the fact.

Page 2: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

2

Thus, although you mention that the Fraudulent Statement RE Appeal “is located directly above the link to the

document titled ‘Cannabis Application Results – Retailers’”, you fail to highlight that whoever was audacious enough to

add the Fraudulent Statement RE Appeal to the City Marijuana Regulations webpage after WOW submitted its Appeal

didn’t even bother to cover their tracks in so doing.

Further, the City has reaped what it sowed on the Marijuana Regulations webpage, and, as a result of the Fraudulent

Statement RE Appeal and any further changes the has City made, the Marijuana Regulations webpage is no longer

functioning correctly. To begin, the Marijuana Regulations link on the Planning and Community Development’s

webpage is now broken (see the “Marijuana Regulations Broken Link as of June 30, 2019”). The Marijuana Regulations

webpage accessed via Google Chrome only includes the redacted applications for selected applicants (see the

“Marijuana Regulations Page via Chrome as of June 30, 2019”), whereas the version of the webpage accessed via

Microsoft Bing’s cache and the mobile version of the Marijuana Regulations webpage includes numerous additional

updates (see the “Marijuana Regulations Page via Mobile as of June 30, 2019” and “Marijuana Regulations Page via Bing

Cache as of June 30, 2019”).

Because the Fraudulent Statement RE Appeal was secretly, illegally, and in a total underhanded fashion added to the

City Marijuana Regulations webpage, it has no regulatory effect. Without the Fraudulent Statement RE Appeal, the

conclusion of your letter that “[t]he procedure promulgated and published on the City’s Marijuana Regulations page is

the controlling procedure” is completely without legal merit.

Nevertheless and because of the above, it is plainly apparent that you, the City Manager, and Director and Planning and

Community Development have closed ranks, and WOW is certain that you will find a way to disagree with the above—

presumably hoping WOW will just eventually tire and go away. To demonstrate that it has no intention of tiring and

going away, WOW will immediately provide the City Council notice of WOW’s intent to sue challenging the Director’s

decisions made during the cannabis permit screening process. In addition to the now numerous issues with the

cannabis permit screening process (see the “Marijuana Regulations Page via Bing Cache as of June 30, 2019”), WOW will

also assert that: “In an Attempt to Deny WOW its Clear Right of Appeal under the Pasadena Municipal Code, the

Director Updated the City’s Website in a Secret, Illegal, and Total Underhanded Fashion.” WOW has accordingly

submitted the attached request under the California Public Records Act.

Respectfully,

Damian A. Martin, Esq., M.B.A.

Page 3: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

3

Phone: 757-652-0460 Email: [email protected]

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18

U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely

for the party or parties addressed and named in this message. This communication and all attachments, if any, are

intended to be and to remain confidential. If you are not the intended recipient of this message, or if this message has

been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its

attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended

recipient. Do not disclose the contents or take any action in reliance upon the information contained in this

communication or any attachments. Although this email and any attachments are believed to be free of any virus or

other defect that might affect any computer system into which it is received and opened, it is the responsibility of the

recipient to ensure that it is virus free and no responsibility is accepted by this sender for damage arising in any way

from its use.

CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you

that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or

written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal

Revenue Code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed in

this email or attachment.

FEDERAL LAW DISCLAIMER: Under federal law, it is a crime to possess, use, distribute, or sell cannabis and any products

containing cannabis. Advice regarding compliance with California law in no way constitutes advice regarding compliance

with federal law and Damian A. Martin’s, legal services are in no way intended to assist any client in violating federal

law.

From: Nunez, Guille <[email protected]>

Sent: Friday, June 28, 2019 2:47 PM

To: Damian A. Martin <[email protected]>

Cc: Bagneris, Michele <[email protected]>; Mermell, Steve <[email protected]>

Subject: Response to D. Martin

Mr. Martin:

Please see attached correspondence from City Attorney Michele Bagneris.

Respectfully,

Guille Nuñez | Management Analyst IV (Concierge)

Hale Building, 175 N. Garfield Avenue | Pasadena, CA 91101

[email protected] | [O] 626-744-7634

Page 4: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,
Page 5: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,
Page 6: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,
Page 7: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

OFFICE OF THE CITY MANAGER

June 20, 2019

Mr. Damian A. Martin WOW Health and Wellness, LLC 215 N. Central Avenue Glendale, CA 91203

RE: Request for Appeal of Commercial Cannabis Screening Application

Dear Mr. Martin:

The City is in receipt of your Position Statement and other materials regarding WOW Health and Wellness, LLC's ("WOW") request to appeal the City's determinations made during its commercial cannabis screening application process. The City hereby rejects your request.

The City processed the commercial cannabis screening applications pursuant to Pasadena Municipal Code ("PMC") Chapter 5.78 (Commercial Cannabis Activity). As authorized by that Chapter, the City Manager delegated to the Director of Planning and Community Development ("Director") the authority to undertake the tasks necessary to complete the screening process. One of the actions so taken by the Director was to publish a rule that the results of the screening process were not appealable, and the Director published that rule on the City's Marijuana Regulations page here: htrps: // ww5.cityofpasadena.ner/planning/marijuana-regulations /.

Your argument that the Pasadena Zoning Code, Chapter 17.72 (Appeals), provides the authority for you to appeal any action or decision by the Director made pursuant to Chapter 5.78 is not supported by the PMC. Pursuant to Chapter 17.72, a "decision" may be appealed as provided therein. Article 8 of the Zoning Code defines a "decision" as: "An action in compliance with this Zoning Code, including Tentative Tract or Parcel Maps, Certificates of Appropriateness, Conditional Use Permits, Hillside Development Permits, Lot Line Adjustments, Home Occupation Permits, Zoning Administrator Interpretations, Design Review, Variances, and Personal Property Sales Permits. Any combined application shall be treated as a single decision." This definition only applies to decisions made by the Director pursuant to the Zoning Code. All of the Director's decisions made during the screening process were made pursuant to Chapter 5.78, and Chapter 17.72 does not apply to those decisions.

City Hall

I 00 N Garfield Avenue, Room 5228

Mailing Address: P.O. Box 1115 • Pasadena 91109-7215

(626) 744-6936 • Fax (626) 744-4774

[email protected]

Page 8: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

Damian A. Martin June 20, 2019

Page 2

Accordingly, the rule published on the City's Marijuana Regulations page is the governing rule. WOW may not appeal the results of the screening process, and, therefore, the City will not be taking any action on your request. The City Attorney concurs in this conclusion.

Sincerely,

__r� Steve Mermell City Manager

cc: Michele Beal Bagneris, City Attorney/ City Prosecutor

0000156292C031

Page 9: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

1

Damian A. Martin

From: marijuanaregulations <[email protected]>Sent: Thursday, June 6, 2019 7:11 AMTo: marijuanaregulationsSubject: City of Pasadena Cannabis Application ResultsAttachments: Press Release - Cannabis Application Results.pdf

Flag Status: Flagged

Dear Applicant:  Thank you for your interest in obtaining a commercial cannabis permit in the City of Pasadena. This email is in referenceto the selection of the top‐scoring applicants for the retailer permit category.    Based on completion of the review and scoring of your commercial cannabis application, we regret to inform you thatyour  application  was  not  a  top‐scoring  application.  The  top‐scoring  applicants  for  the  retailer  category  have  beenannounced  and  those  applicants  have  been  notified  to  move  forward  with  obtaining  City  permits.  A  press  releaseidentifying those applicants and their scores is attached.    The complete list of all retail applicants and their scores, which will be maintained by the City for a period of 12 monthsand  may  be  used  to  identify  potential  future  operators,  can  be  found  at  can  be  found  athttps://ww5.cityofpasadena.net/planning/marijuana‐regulations/.  We thank you for your time and interest in applying for a commercial cannabis permit in the City of Pasadena.   

  

Page 10: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

FOR IMMEDIATE RELEASE: June 5, 2019 NEWS MEDIA CONTACT: Lisa Derderian, Pasadena Public Information Officer, City Manager’s Office (626) 744-4755, [email protected]

City of Pasadena Releases Cannabis Application Selection Results

PASADENA, Calif.—The City of Pasadena has completed the review and scoring of the applications received for the ‘Retailer’ category of commercial cannabis permits. The following are the six top-scoring applicants:

Applicant Name Points Possible

Points Awarded

Score

1 Integral Associates Dena, LLC 1,575 1,492 94.73%

2 Tony Fong 1,575 1,473 93.52%

3 The Atrium Group, LLC 1,575 1,468 93.21%

4 Harvest of Pasadena, LLC 1,575 1,467 93.14%

5 SweetFlower Pasadena, LLC 1,575 1,465 93.02%

6 MME Pasadena Retail, LLC 1,575 1,459 92.63%

“We would like to recognize and congratulate the six top-scoring applicants who completed a very comprehensive process,” states City Manager Steve Mermell. Mr. Mermell added that future retail dispensaries will have appropriate design review and conditions to guard against impacts on surrounding uses and added, “I was pleased with the high-level of sophistication, experience and expertise demonstrated by the top-scoring applicants and look forward to cultivating a positive relationship between future permitted dispensaries and our community.”

Applications for all three categories of commercial cannabis permits—retailers, testing laboratories and cultivators—were accepted from January 1, 2019 until January 31, 2019. Of the 128 applications received, 122 applications were for the ‘Retailer’ category. Applications were thoroughly reviewed by Hinderliter, de Llamas and Associates (HdL), an independent municipal consulting group offering cannabis consulting services. Applications were scored by HdL according to the City of Pasadena Commercial Cannabis Permit Application Review Criteria, which consist of four primary categories with a total of 28 specific sub-criteria. The complete list of all retail applicants and their scores, which will be maintained by the City for a period of 12 months and may be used to identify potential future operators, can be found at https://ww5.cityofpasadena.net/planning/marijuana-

regulations/..

The adopted marijuana regulations allow up to a maximum of six retail operators. The next steps for the top-scoring retail applicants are to submit a Conditional Use Permit (CUP) application and supplemental commercial cannabis information, including verification of a lease or ownership

Page 11: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

location that complies with the required distance separation requirements of the City’s commercial cannabis ordinance, a security plan and community benefits plan. The CUP applications will be evaluated and reviewed by the Planning Commission. The City continues to proactively deter unpermitted dispensaries through a multi-departmental approach comprised of the City Attorney’s Office, the Pasadena Police Department, Code Compliance and the California Department of Tax and Fee Administration. To date, the City has closed over 20 dispensaries, 11 in the last year.

We anticipate concluding the review, scoring and identification of the top-scoring applicants for the categories of ‘Testing Laboratories’ and ‘Cultivators’ within the next few weeks. The City is actively working on placing all public information-related documents related to each application on the City website within the coming weeks. Additional information on the application selection process and review status can be found at https://ww5.cityofpasadena.net/planning/marijuana-regulations/.

Stay connected to the City of Pasadena! Visit us online at www.cityofpasadena.net; follow us on Twitter at @PasadenaGov, and Instagram and Facebook at @CityOfPasadena; or call the Citizen Service Center, 7:30 a.m. to 5 p.m., Monday through Friday at (626) 744-7311.

Attachments:

1. List of Retailer Applicants & Scores

Page 12: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 - Planning & Community Development

https://ww5.cityofpasadena.net/planning/?p=15465 1/3

(https://twitter.com/pasadenagov) (https://www.facebook.com/cityofpasadena)

City Search

Page not found!

It looks like nothing was found at this location. Maybe try asearch?

Helpful LinksCity Home (https://ww5.cityofpasadena.net/)

Pay a Parking Ticket (https://pasadenaparking.t2hosted.com/Account/Portal/#citationSearchBox)

Pay Utility Bill (https://eservices.cityofpasadena.net/IwrWP/Logon.aspx)

Parking Permits (https://pasadenaparking.t2hosted.com/Account/Portal)

City Calendar

Pasadena Public Library (https://ww5.cityofpasadena.net/library)

Citizen Service Center (https://ww5.cityofpasadena.net/citizen-service-center)

Department of Transportation (https://ww5.cityofpasadena.net/transportation)

Police Department (https://ww5.cityofpasadena.net/police)

Public Notices (https://ww5.cityofpasadena.net/public-notices)

Water & Power (http://cityofpasadena.net/waterandpower/)

City Phone Directory (https://ww5.cityofpasadena.net/planning/contact)

DEPARTMENTS

City Attorney/ City Prosecutor (/city-attorney/)

City Clerk (/city-clerk/)

City Manager (/city-manager/)

Finance (/finance/)

Information Technology (/information-technology/)

Library (/library/)

Planning & Community Development(/planning/)

Page 13: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 - Planning & Community Development

https://ww5.cityofpasadena.net/planning/?p=15465 2/3

AFFILIATED AGENCIES

Fire (/fire/)

Housing (/housing/)

Human Resources (/human-resources/)

Human Services & Recreation(/humanservices/)

Police (/police/)

Public Health (/public-health/)

Public Works (/public-works/)

Transportation (/transportation/)

Water & Power (/water-and-power/)

Burbank Airport Authority(http://www.bobhopeairport.com/)

Gold Line Transit Authority(http://www.foothillgoldline.org/)

Pasadena Center Operating Company(http://www.visitpasadena.com/)

Pasadena Community Access Corporation(http://www.pasadenamedia.tv/)

Rose Bowl Operating Company(http://www.rosebowlstadium.com/)

Pasadena Unified School District(http://www.pusd.us/)

E-PAY SERVICES

CITY SERVICES

Business License Renewal(/finance/licenses/business-licenses/)

Parking Permits(https://pasadenaparking.t2hosted.com/Account/Portal)

Utility Bill Payment (/water-and-power/)

Yard Sale Permit (/planning/permit/yard-sale-permit/)

Parking Citations (/transportation/parking-citations/)

News Releases (/city-manager/news-releases)

Resident Services (/main/Residents/)

Business Services (/main/Business/)

City Job Opportunities(http://agency.governmentjobs.com/pasadena/default.cfm)

Citizen Service Center (/citizen-service-center/)

Contact the City (/main/contact/)

Visitor Information (/main/Visitors/)

All City Services (/main/city-services/)

Join the Conversation (/jointheconversation/)

Page 14: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 - Planning & Community Development

https://ww5.cityofpasadena.net/planning/?p=15465 3/3

CITY COUNCIL

City Employee Links (/main/government/city-departments-and-other-resources/)

City Council Agendas(http://ww2.cityofpasadena.net/councilagendas/council_agenda.asp)

City Council Districts (/mayor/all-districts/)

(https://www.facebook.com/cityofpasadena) (http://www.twitter.com/pasadenagov)

City Mission, Vision, and Values (/main/visitors/about)Copyright 2019 © City of Pasadena. All Rights Reserved.

Contact the City (626) 744-7311

Privacy Statement (/main/privacy/)Website Accessibility (/main/accessibility/)

Weather Powered by Dark Sky (https://darksky.net/poweredby/)

Page 15: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

https://ww5.cityofpasadena.net/planning/marijuana-regulations/ 1/8

Marijuana RegulationsPosted on January 2, 2019 in Community Planning Active Projects

(https://ww5.cityofpasadena.net/planning/category/community-planning-active-projects/), Home Page Slider(https://ww5.cityofpasadena.net/planning/category/home-page-slider/), Zoning Code and Map Amendment

Projects (https://ww5.cityofpasadena.net/planning/category/community-planning-active-projects/zoning-code-and-map-amendment-projects/)

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/v3CC-Slideshow-pic-V2-300x149.png)

APPLICATION SELECTION RESULTS FOR RETAILER PERMITSJUNE 11, 2019 – The redacted applications for the six top-scoring applicants for commercial cannabis arenow available. These applications have been reviewed and information that is exempt from disclosure hasbeen redacted. Redacted information includes: personnel, medical or similar files pursuant to GovernmentCode Section 6254 (c) and Article I, Section I of the California Constitution; information required from anytaxpayer in connection with the collection of local taxes that is received in confidence and the disclosure ofthe information to other persons would result in unfair competitive disadvantage to the person supplying theinformation pursuant to Government Code Section 6254(i); and, statements of personal worth or personalfinancial data required by a licensing agency and filed by an applicant with the licensing agency to establishhis or her personal qualification for the license certificate or permit applied for pursuant to Government CodeSection 6254(n).

1. Integral Associates DENA LLC – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Integral-Associates-DENA-LLC-Redacted-App.pdf)

2. Tony Fong – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Tony-Fong-Redacted-App-1.pdf)

3. Atrium Pasadena LLC – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Atrium-Pasadena-LLC-Redacted-App-1.pdf)

4. Harvest of Pasadena – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Harvest-of-Pasadena-Redacted-App-1.pdf)

Page 16: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

https://ww5.cityofpasadena.net/planning/marijuana-regulations/ 2/8

5. SweetFlower Pasadena LLC – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/SweetFlower-Pasadena-LLC-Redacted-App-1.pdf)

6. MME Pasadena Retail – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/MME-Pasadena-Retail-Redacted-App-1.pdf)

JUNE 5, 2019 – The City of Pasadena has completed the review and scoring of applications received forcommercial cannabis retailer permits. The following are the six top-scoring applicants:

Applicant NamePointsPossible

PointsAwarded

Score

1 Integral Associates Dena, LLC 1,575 1,492 94.73%

2 Tony Fong 1,575 1,473 93.52%

3 The Atrium Group, LLC 1,575 1,468 93.21%

4 Harvest of Pasadena, LLC 1,575 1,467 93.14%

5 SweetFlower Pasadena, LLC 1,575 1,465 93.02%

6 MME Pasadena Retail, LLC 1,575 1,459 92.63%

“We would like to recognize and congratulate the six top-scoring applicants who completed a verycomprehensive process,” states City Manager Steve Mermell. Mr. Mermell added that future retaildispensaries will have appropriate design review and conditions to guard against impacts on surroundinguses and added, “I was pleased with the high-level of sophistication, experience and expertise demonstratedby the top-scoring applicants and look forward to a positive relationship between future permitteddispensaries and our community.”

Applications for all three categories of commercial cannabis permits—retailers, testing laboratories andcultivators—were accepted from January 1, 2019 until January 31, 2019. Of the 128 applications received,122 applications were for the ‘Retailer’ category. Applications were thoroughly reviewed by Hinderliter, deLlamas and Associates (HdL), an independent municipal consulting group offering cannabis consultingservices. Applications were scored by HdL according to the City of Pasadena Commercial Cannabis PermitApplication Review Criteria, which consist of four primary categories with a total of 28 specific sub-criteria.Linked below is a complete list of all retail applicants and their scores, which will be maintained by the City fora period of 12 months and may be used to identify potential future operators.

The adopted marijuana regulations (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Chapter-17.50-Land-Use-Regulations.pdf)

allow up to a maximum of six retail operators. The next steps for the top-scoring retail applicants are to submita Conditional Use Permit (CUP) application and supplemental commercial cannabis information, includingverification of a lease or ownership location that complies with the required distance separation requirementsof the

City’s commercial cannabis ordinance (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Chapter-17.50-Land-Use-Regulations.pdf)

, a security plan and community benefits plan. The CUP applications will be evaluated and reviewed by thePlanning Commission. The City continues to proactively deter unpermitted dispensaries through a multi-

Page 17: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

https://ww5.cityofpasadena.net/planning/marijuana-regulations/ 3/8

departmental enforcement effort comprised of the City Attorney/City Prosecutor Office, the Pasadena PoliceDepartment, Code Compliance and the California Department of Tax and Fee Administration. To date, theCity has closed over 20 dispensaries, 11 in the last year.

We anticipate concluding the review, scoring and identification of the top-scoring applicants for the categoriesof ‘Testing Laboratories’ and ‘Cultivators’ within the next few weeks. The City is actively working on placing allpublic information-related documents related to each application on the City website within the coming weeks.

The final application scores for commercial applicants is linked below. Application scores and rankings arefinal and there is no appeal process.

Cannabis Application Results – Retailers (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Scores-Retail-Only.pdf)

UPDATE ON APPLICATION REVIEW STATUS

MARCH 15, 2019 – The application window for the City’s commercial cannabis program closed January 31st,2019. A total of 128 applications were submitted of which 122 applications were submitted for retail licenses,3 for testing laboratories licenses and 3 for the cultivator licenses.

The applications are currently being reviewed. Upon completion of the application review and scoring, the topapplicants for each permit type will be invited for an interview to further clarify the submitted materials. Applicants with the highest scores following both the review of applications and the interview will be identifiedto submit an application for a land use approval to receive a commercial cannabis permit.

Interviews are anticipated to occur in June, 2019. Up to date information will be available on this page. Questions and inquiries may be directed to: [email protected](mailto:[email protected]).

FREQUENTLY ASKED QUESTIONS

Q: How can I stay informed on the application selection process?

You may subscribe to our mailing list below to be notified when updated information is available on theapplication selection process.

Email address:

Your email address

Subscribe

Q: What were the results of Ballot Measure CC and Ballot Measure DD?

Page 18: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

https://ww5.cityofpasadena.net/planning/marijuana-regulations/ 4/8

A: On June 5, 2018, Pasadena voters approved Ballot Measures CC and DD. Measure CC allows a limitednumber of cannabis (marijuana) retailers, cultivators, and testing labs to operate within specific zoning areasin the City. Measure DD levies a business license tax on commercial cannabis businesses of up to$10/canopy square foot (for cultivation) and between 4-6% of gross receipts (for retail sales).

Q: When will the City begin accepting applications for commercial cannabis permits?

A: The application filing period is now closed. Applications were accepted January 1, 2019 untilJanuary 31, 2019. Applications are no longer being accepted.

Q: How many commercial cannabis permits will be issued?

A: Up to six (6) retailers, four (4) cultivation sites, and four (4) testing labs will be permitted to operate at anyone time in Pasadena.

Q: Where will a cannabis business be allowed to operate?

A: A DRAFT map is available for potential retail locations. This draft map is provided for reference only but isnot intended to be comprehensive or reliable for the purpose of securing a site. Potential retail sites aresubject to the distance separations and zoning restrictions outlined in Pasadena Municipal Code Section17.050.066, linked at the bottom of this page, and such sites will be verified for compliance with the ordinanceupon submission of the use permit application. Only the top candidates will be selected to submit the usepermit application. The draft retail cannabis zoning map is available here:

DRAFT Cannabis Retailer Map – DEC 6 2018 (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/DRAFT-Cannabis-Retailer-Map-DEC-6-2018.pdf)

Q: Can I operate a cannabis business without a permit from the City?

A: No. A commercial cannabis permit is required prior to opening any cannabis business in Pasadena. Furthermore, a commercial cannabis license issued by the State (Bureau of Cannabis Control, CalCannabis,or the Manufactured Cannabis Safety Branch) is also required prior to opening.

Q: Where can I find the City’s cannabis regulations?

A: The ordinances permitting and regulating commercial cannabis activity can be found here:

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Chapter-5.28-Business-Tax.pdf)

(https://ww5.cityofpasadena.net/planning/wp-

content/uploads/sites/56/2017/08/Chapter-5.78-Business-License-Regulations.pdf)

Page 19: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

https://ww5.cityofpasadena.net/planning/marijuana-regulations/ 5/8

(https://ww5.cityofpasadena.net/planning/wp-

content/uploads/sites/56/2017/08/Chapter-17.50-Land-Use-Regulations.pdf)

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Title-8-Health-and-

Safety.pdf)

APPLICATION-RELATED MATERIALSApplications are no longer being accepted. The materials listed below are available for

reference purposes only.

JANUARY 30, 2019 – Due to recent inquiries on the application and application process, additional‘Questions & Responses’ are now available below.

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Questions-and-Responses_P4_1.30.19-FINAL.pdf)

JANUARY 25, 2019 – Due to recent inquiries on the application and application process, additional‘Questions & Responses’ are now available below.

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Questions-and-Responses_P3_1.25.19.pdf)

JANUARY 16, 2019 – Due to recent inquiries on the application and application process, additional‘Questions & Responses’ are now available below. Also, please note that the ‘

Application Review Criteria’ (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2018/12/Review-Criteria_1.16.19-Revised.pdf)

has been revised to correct an error in the calculation for Section 3.

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Questions-and-Responses_P2_1.16.19-1.pdf)

DECEMBER 31, 2018 – The commercial cannabis application submission portal will be available at 12:01a.m. on January 1, 2019 through 11:59 p.m. on January 31, 2019 via the link below. Also available is theApplicant/Owner Information Form. Please refer to the three other application-related documents postedbelow on December 14, 2019.

(https://egov1.cityofpasadena.net/apps/cannabisapp/)

Page 20: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

https://ww5.cityofpasadena.net/planning/marijuana-regulations/ 6/8

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Applicant-Owner-Submittal-Form-FINAL-Rev-1.3.19.pdf)

DECEMBER 14, 2018 – The commercial cannabis application materials are now available. Applications willbe accepted online beginning on January 1, 2019. Please check back on January 1, 2019 for a link on thispage to the application submission portal.

(https://ww5.cityofpasadena.net/planning/wp-

content/uploads/sites/56/2018/12/Screening-Application-Information-Packet_FINAL.pdf)

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2018/12/Review-

Criteria_1.16.19-Revised.pdf)

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2018/12/Questions-and-Responses-for-Commercial-Cannabis_FINAL.pdf)

NOVEMBER 14, 2018 – Watch the November 13, 2018 Commercial Cannabis Application Workshop

DRAFT Documents (NOTE: The FINAL documents are linked above in the green-colored buttons):

Workshop Presentation (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Workshop-Presentation.pdf)

DRAFT Screening Application Information Packet (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Screening-Application-Information-Packet-11.28.18.pdf)

City of Pasadena Commercial Cannabis ApplicationCity of Pasadena Commercial Cannabis Application……

Page 21: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

https://ww5.cityofpasadena.net/planning/marijuana-regulations/ 7/8

(https://twitter.com/pasadenagov) (https://www.facebook.com/cityofpasadena)

DRAFT Review Criteria (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Review-Criteria-REV-11.28.18.pdf)

DEPARTMENTS

AFFILIATED AGENCIES

City Attorney/ City Prosecutor (/city-attorney/)

City Clerk (/city-clerk/)

City Manager (/city-manager/)

Finance (/finance/)

Fire (/fire/)

Housing (/housing/)

Human Resources (/human-resources/)

Human Services & Recreation(/humanservices/)

Information Technology (/information-technology/)

Library (/library/)

Planning & Community Development(/planning/)

Police (/police/)

Public Health (/public-health/)

Public Works (/public-works/)

Transportation (/transportation/)

Water & Power (/water-and-power/)

Burbank Airport Authority(http://www.bobhopeairport.com/)

Gold Line Transit Authority(http://www.foothillgoldline.org/)

Pasadena Center Operating Company(http://www.visitpasadena.com/)

Pasadena Community Access Corporation(http://www.pasadenamedia.tv/)

Rose Bowl Operating Company(http://www.rosebowlstadium.com/)

Pasadena Unified School District(http://www.pusd.us/)

E-PAY SERVICES

Business License Renewal(/finance/licenses/business-licenses/)

Yard Sale Permit (/planning/permit/yard-sale-permit/)

Page 22: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

https://ww5.cityofpasadena.net/planning/marijuana-regulations/ 8/8

CITY SERVICES

CITY COUNCIL

Parking Permits(https://pasadenaparking.t2hosted.com/Account/Portal)

Utility Bill Payment (/water-and-power/)

Parking Citations (/transportation/parking-citations/)

News Releases (/city-manager/news-releases)

Resident Services (/main/Residents/)

Business Services (/main/Business/)

City Job Opportunities(http://agency.governmentjobs.com/pasadena/default.cfm)

City Employee Links (/main/government/city-departments-and-other-resources/)

Citizen Service Center (/citizen-service-center/)

Contact the City (/main/contact/)

Visitor Information (/main/Visitors/)

All City Services (/main/city-services/)

Join the Conversation (/jointheconversation/)

City Council Agendas(http://ww2.cityofpasadena.net/councilagendas/council_agenda.asp)

City Council Districts (/mayor/all-districts/)

(https://www.facebook.com/cityofpasadena) (http://www.twitter.com/pasadenagov)

City Mission, Vision, and Values (/main/visitors/about)Copyright 2019 © City of Pasadena. All Rights Reserved.

Contact the City (626) 744-7311

Privacy Statement (/main/privacy/)Website Accessibility (/main/accessibility/)

Weather Powered by Dark Sky (https://darksky.net/poweredby/)

Page 23: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

Marijuana RegulationsPosted on January 2, 2019 in Community Planning Active Projects

(https://ww5.cityofpasadena.net/planning/category/community-planning-active-projects/), Home Page Slider(https://ww5.cityofpasadena.net/planning/category/home-page-slider/), Zoning Code and Map Amendment

Projects (https://ww5.cityofpasadena.net/planning/category/community-planning-active-projects/zoning-code-and-map-amendment-projects/)

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/v3CC-Slideshow-pic-V2-300x149.png)

STATUS UPDATE ON CONDITIONAL USE PERMIT: CANNABIS RETAILERAPPLICATIONS

UPDATED June 28, 2019 –  The chart below identifies the Conditional Use Permit: Cannabis Retailerapplications that have been submitted to date and their status. Copies of the status letters sent to eachapplicant are available below.

   Applicant Date ofSubmission

TimeSubmitted

 Proposed LocationCouncilDistrict

 Status

1. SweetFlowerPasadena, LLC

 June 12, 2019  5:34 p.m.  827 E Colorado Blvd  3

 Incomplete

 (Applicationresubmitted on  6/27/19)

2. Harvest ofPasadena, LLC

 June 12, 2019  10:20 p.m.  169 W Colorado Blvd  3 Complete forprocessing

Page 24: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

3. The Atrium Group,LLC

 June 13, 2019  4:48 p.m.  70 W Union  3

 Not compliant withlocation   requirementsset forth in   Section 17.050.066 D.

4.  Varda (Tony Fong)  June 17, 2019  3:59 p.m.  3355 E Colorado Blvd  4 Complete forprocessing

5. Integral AssociatesDena, LLC

 June 21, 2019  8:04 p.m.  112 W Colorado Blvd  6

 Not compliant withlocation   requirementsset forth in   Section 17.050.066 D.    (Withdrawn 6/27/19)

6. SweetFlowerPasadena, LLC

 June 27, 2019  2:52 p.m.  827 E Colorado Blvd  3

7. Integral AssociatesDena, LLC

 June 27, 2019  4:25 p.m.  908 E Colorado Blvd  7 Complete forprocessing

 

Status Letters sent as of June 28, 2019:

1. Status Letter for SweetFlower LLC (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/1-SweetFlower_Status_Ltr-1.pdf)

2. Status Letter for Harvest of Pasadena LLC (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/2-Harvest_Status-Letter.pdf)

3. Status Letter for The Atrium Group LLC (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/3-Atrium_Status_Ltr.pdf)

4. Status Letter for Varda (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/4-Varda_Status_Ltr.pdf)

5. Status Letter for Integral Associates Dena, LLC (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/5-Integral_Status_Ltr.pdf)

6.

Status Letter for Integral Associates Dena LLC June 28, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/6-Integral_Status_Ltr.pdf)

 

CORRESPONDENCE PERTAINING TO CANNABIS APPLICANT SELECTIONUPDATED June 28, 2019 – The following correspondence has been submitted to the City:

1.

Letter from Green Thumb Industries regarding Integral Associates Dena, LLC dated June 6, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/1-Integral-Associates-Dena-LLC-6-6-19.pdf)

2.

Letter from The Brick & Rose, LLC dated June 17th, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/2-The-Brick-and-Rose-06-17-19.pdf)

Page 25: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

3.

Position Statement from WOW Health & Wellness, LLC(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/3-WOW-Position-Statement.pdf)

4.

Letter from the Atrium Group, LLC dated June 19, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/4-Atrium-6.19.19.pdf)

5.

Letter from Sweetflower Pasadena, LLC received June 19, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/5-SweetFlower-6.19.19.pdf)

6.

Letter from The Brick & Rose, LLC dated June 23, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/8-BNR-6.23.19-w-cover-email.pdf)

7.

Email from WOW Health & Wellness dated June 26, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/7-WOW-Email-6.26.19.pdf)

UPDATED June 28, 2019 – The following are the City’s correspondence to the applicants:

1.

Letter from City Manager Steve Mermell in reply to The Brick & Rose, LLC dated June 20, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/6-SM-to-BNR-6.20.19.pdf)

2.

Letter from City Manager Steve Mermell in reply to WOW Health & Wellness, LLC dated June 20,2019 (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/7-SM-to-WOW-6.20.19.pdf)

3.

Letter from City Manager Steve Mermell to Harvest of Pasadena dated June 25, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Letter-to-Harvest-of-Pasadena-6.25.19-w-Email.pdf)

4.

Letter from City Attorney in reply to WOW Health Wellness LLC dated June 28, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Letter-in-Response-to-WOW-6.28.19.pdf)

 

CONDITIONAL USE PERMIT: CANNABIS RETAILER RULES & REGULATIONSJune 20, 2019 – A meeting was held June 12, 2019 with staff and representatives for the 6 top-scoringapplications. At this meeting, each representative was provided the ‘Conditional Use Permit: Cannabis Retailer’application forms and staff provided an explanation of the submission requirements and the applicationprocess. The following document contains the rules and regulations promulgated for the Conditional UsePermit: Cannabis Retailer application.

Rules and Regulations for Retail Cannabis CUP (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Rules-and-Regulations-for-Cannabis-Permit-6.20.19.pdf)

– Refer also to Addenda 1.

 

June 27, 2019 – Addenda 1 to the Rules and Regulations promulgated for the Conditional Use Permit:Cannabis Retailer application is available below.

Addenda 1 – Rules and Regulations for Retail Cannabis CUP(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Addenda_-Rules-and-

Regulations_-6.27.19.pdf)

Page 26: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

 

REDACTED APPLICATIONS AVAILABLE FOR TOP-SCORING APPLICANTSJUNE 11, 2019 – The redacted applications for the six top-scoring applicants for commercial cannabis arenow available.  These applications have been reviewed and information that is exempt from disclosure hasbeen redacted. Redacted information includes: personnel, medical or similar files pursuant to GovernmentCode Section 6254 (c) and Article I, Section I of the California Constitution;  information required from anytaxpayer in connection with the collection of local taxes that is received in confidence and the disclosure ofthe information to other persons would result in unfair competitive disadvantage to the  person supplying theinformation pursuant to Government Code Section 6254(i); and, statements of personal worth or personalfinancial data required by a licensing agency and filed by an applicant with the licensing agency to establishhis or her personal qualification for the license certificate or permit applied for pursuant to Government CodeSection 6254(n).

1. Integral Associates DENA LLC – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Integral-Associates-DENA-LLC-Redacted-App.pdf)

2. Tony Fong – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Tony-Fong-Redacted-App-1.pdf)

3. Atrium Pasadena LLC – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Atrium-Pasadena-LLC-Redacted-App-1.pdf)

4. Harvest of Pasadena – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Harvest-of-Pasadena-Redacted-App-1.pdf)

5. SweetFlower Pasadena LLC – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/SweetFlower-Pasadena-LLC-Redacted-App-1.pdf)

6. MME Pasadena Retail – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/MME-Pasadena-Retail-Redacted-App-1.pdf)

 

APPLICATION SELECTION RESULTS FOR RETAILER PERMITSJUNE 5, 2019 – The City of Pasadena has completed the review and scoring of applications received forcommercial cannabis retailer permits. The following are the six top-scoring applicants:

Applicant NamePointsPossible

Points Awarded Score

1 Integral Associates Dena, LLC 1,575 1,492 94.73%

2 Tony Fong 1,575 1,473 93.52%

3 The Atrium Group, LLC 1,575 1,468 93.21%

4 Harvest of Pasadena, LLC 1,575 1,467 93.14%

5 SweetFlower Pasadena, LLC 1,575 1,465 93.02%

6 MME Pasadena Retail, LLC 1,575 1,459 92.63%

 

Page 27: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

“We would like to recognize and congratulate the six top-scoring applicants who completed a verycomprehensive process,” states City Manager Steve Mermell.  Mr. Mermell added that future retaildispensaries will have appropriate design review and conditions to guard against impacts on surroundinguses and added, “I was pleased with the high-level of sophistication, experience and expertise demonstratedby the top-scoring applicants and look forward to a positive relationship between future permitteddispensaries and our community.”

Applications for all three categories of commercial cannabis permits—retailers, testing laboratories andcultivators—were accepted from January 1, 2019 until January 31, 2019. Of the 128 applications received,122 applications were for the ‘Retailer’ category. Applications were thoroughly reviewed by Hinderliter, deLlamas and Associates (HdL), an independent municipal consulting group offering cannabis consultingservices. Applications were scored by HdL according to the City of Pasadena Commercial Cannabis PermitApplication Review Criteria, which consist of four primary categories with a total of 28 specific sub-criteria.Linked below is a complete list of all retail applicants and their scores, which will be maintained by the City fora period of 12 months and may be used to identify potential future operators.

The adopted marijuana regulations (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Chapter-17.50-Land-Use-Regulations.pdf)

allow up to a maximum of six retail operators. The next steps for the top-scoring retail applicants are tosubmit a Conditional Use Permit (CUP) application and supplemental commercial cannabis information,including verification of a lease or ownership  location that complies with the required distance separationrequirements of the

City’s commercial cannabis ordinance (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Chapter-17.50-Land-Use-Regulations.pdf)

, a security plan and community benefits plan. The CUP applications will be evaluated and reviewed by thePlanning Commission. The City continues to proactively deter unpermitted dispensaries through a multi-departmental enforcement effort comprised of the City Attorney/City Prosecutor Office, the Pasadena PoliceDepartment, Code Compliance and the California Department of Tax and Fee Administration. To date, the Cityhas closed over 20 dispensaries, 11 in the last year.

We anticipate concluding the review, scoring and identification of the top-scoring applicants for thecategories of ‘Testing Laboratories’ and ‘Cultivators’ within the next few weeks. The City is actively working onplacing all public information-related documents related to each application on the City website within thecoming weeks.

The final application scores for commercial applicants is linked below.  Application scores and rankings arefinal and there is no appeal process.

Cannabis Application Results – Retailers (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Scores-Retail-Only.pdf)

 

 

UPDATE ON APPLICATION REVIEW STATUS

MARCH 15, 2019 – The application window for the City’s commercial cannabis program closed January 31st,2019. A total of 128 applications were submitted of which 122 applications were submitted for retail licenses,3 for testing laboratories licenses and 3 for the cultivator licenses.

Page 28: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

The applications are currently being reviewed. Upon completion of the application review and scoring, the topapplicants for each permit type will be invited for an interview to further clarify the submitted materials. Applicants with the highest scores following both the review of applications and the interview will beidentified to submit an application for a land use approval to receive a commercial cannabis permit.

Interviews are anticipated to occur in June, 2019.  Up to date information will be available on this page. Questions and inquiries may be directed to: [email protected](mailto:[email protected]).

 

FREQUENTLY ASKED QUESTIONS 

Q:  How can I stay informed on the application selection process?

You may subscribe to our mailing list below to be notified when updated information is available on theapplication selection process. 

Email address:

Your email address

Subscribe

 

Q:  What were the results of Ballot Measure CC and Ballot Measure DD?

A:  On June 5, 2018, Pasadena voters approved Ballot Measures CC and DD.  Measure CC allows a limitednumber of cannabis (marijuana) retailers, cultivators, and testing labs to operate within specific zoning areasin the City.  Measure DD levies a business license tax on commercial cannabis businesses of up to$10/canopy square foot (for cultivation) and between 4-6% of gross receipts (for retail sales).

 

Q:  When will the City begin accepting applications for commercial cannabis permits?

A: The application filing period is now closed. Applications were accepted January 1, 2019 until January 31,2019. Applications are no longer being accepted.

 

Q:  How many commercial cannabis permits will be issued?

A:  Up to six (6) retailers, four (4) cultivation sites, and four (4) testing labs will be permitted to operate at anyone time in Pasadena.

 

Q:  Where will a cannabis business be allowed to operate?

Page 29: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

A:  A DRAFT map is available for potential retail locations. This draft map is provided for reference only but isnot intended to be comprehensive or reliable for the purpose of securing a site. Potential retail sites aresubject to the distance separations and zoning restrictions outlined in Pasadena Municipal Code Section17.050.066, linked at the bottom of this page, and such sites will be verified for compliance with theordinance upon submission of the use permit application. Only the top candidates will be selected to submitthe use permit application. The draft retail cannabis zoning map is available here:

DRAFT Cannabis Retailer Map – DEC 6 2018 (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/DRAFT-Cannabis-Retailer-Map-DEC-6-2018.pdf)

 

Q:  Can I operate a cannabis business without a permit from the City?

A:  No.  A commercial cannabis permit is required prior to opening any cannabis business in Pasadena. Furthermore, a commercial cannabis license issued by the State (Bureau of Cannabis Control, CalCannabis, orthe Manufactured Cannabis Safety Branch) is also required prior to opening.

 

Q:  Where can I find the City’s cannabis regulations?

A:  The ordinances permitting and regulating commercial cannabis activity can be found here:

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Chapter-5.28-Business-Tax.pdf)

(https://ww5.cityofpasadena.net/planning/wp-

content/uploads/sites/56/2017/08/Chapter-5.78-Business-License-Regulations.pdf)

(https://ww5.cityofpasadena.net/planning/wp-

content/uploads/sites/56/2017/08/Chapter-17.50-Land-Use-Regulations.pdf)

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Title-8-Health-and-

Safety.pdf)

 

APPLICATION-RELATED MATERIALSApplications are no longer being accepted. The materials listed below are available for reference

purposes only. 

JANUARY 30, 2019 –  Due to recent inquiries on the application and application process, additional‘Questions & Responses’ are now available below.

Page 30: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Questions-and-Responses_P4_1.30.19-FINAL.pdf)

JANUARY 25, 2019 – Due to recent inquiries on the application and application process, additional‘Questions & Responses’ are now available below.

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Questions-and-Responses_P3_1.25.19.pdf)

JANUARY 16, 2019 – Due to recent inquiries on the application and application process, additional‘Questions & Responses’ are now available below. Also, please note that the ‘

Application Review Criteria’ (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2018/12/Review-Criteria_1.16.19-Revised.pdf)

has been revised to correct an error in the calculation for Section 3.

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Questions-and-Responses_P2_1.16.19-1.pdf)

DECEMBER 31, 2018 – The commercial cannabis application submission portal will be available at 12:01a.m. on January 1, 2019 through 11:59 p.m. on January 31, 2019 via the link below. Also available is theApplicant/Owner Information Form. Please refer to the three other application-related documents postedbelow on December 14, 2019.

(https://egov1.cityofpasadena.net/apps/cannabisapp/)

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Applicant-Owner-Submittal-Form-FINAL-Rev-1.3.19.pdf)

 

DECEMBER 14, 2018 – The commercial cannabis application materials are now available. Applications willbe accepted online beginning on January 1, 2019. Please check back on January 1, 2019 for a link on thispage to the application submission portal.

(https://ww5.cityofpasadena.net/planning/wp-

content/uploads/sites/56/2018/12/Screening-Application-Information-Packet_FINAL.pdf)

Page 31: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

(https://twitter.com/pasadenagov) (https://www.facebook.com/cityofpasadena)

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2018/12/Review-

Criteria_1.16.19-Revised.pdf)

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2018/12/Questions-and-Responses-for-Commercial-Cannabis_FINAL.pdf)

NOVEMBER 14, 2018 – Watch the November 13, 2018 Commercial Cannabis Application Workshop

DRAFT Documents (NOTE: The FINAL documents are linked above in the green-colored buttons):

Workshop Presentation (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Workshop-Presentation.pdf)

DRAFT Screening Application Information Packet (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Screening-Application-Information-Packet-11.28.18.pdf)

DRAFT Review Criteria (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Review-Criteria-REV-11.28.18.pdf)

 

City of Pasadena Commercial Cannabis ApplicationCity of Pasadena Commercial Cannabis Application……

DEPARTMENTS

City Attorney/ City Prosecutor (/city-attorney/)

City Clerk (/city-clerk/)

Information Technology (/information-technology/)

Page 32: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

AFFILIATED AGENCIES

City Manager (/city-manager/)

Finance (/finance/)

Fire (/fire/)

Housing (/housing/)

Human Resources (/human-resources/)

Human Services & Recreation(/humanservices/)

Library (/library/)

Planning & Community Development(/planning/)

Police (/police/)

Public Health (/public-health/)

Public Works (/public-works/)

Transportation (/transportation/)

Water & Power (/water-and-power/)

Burbank Airport Authority(http://www.bobhopeairport.com/)

Gold Line Transit Authority(http://www.foothillgoldline.org/)

Pasadena Center Operating Company(http://www.visitpasadena.com/)

Pasadena Community Access Corporation(http://www.pasadenamedia.tv/)

Rose Bowl Operating Company(http://www.rosebowlstadium.com/)

Pasadena Unified School District(http://www.pusd.us/)

E-PAY SERVICES

CITY SERVICES

Business License Renewal(/finance/licenses/business-licenses/)

Parking Permits(https://pasadenaparking.t2hosted.com/Account/Portal)

Utility Bill Payment (/water-and-power/)

Yard Sale Permit (/planning/permit/yard-sale-permit/)

Parking Citations (/transportation/parking-citations/)

News Releases (/city-manager/news-releases)

Resident Services (/main/Residents/)

Business Services (/main/Business/)

Citizen Service Center (/citizen-service-center/)

Contact the City (/main/contact/)

Visitor Information (/main/Visitors/)

Page 33: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

 

CITY COUNCIL

City Job Opportunities(http://agency.governmentjobs.com/pasadena/default.cfm)

City Employee Links (/main/government/city-departments-and-other-resources/)

All City Services (/main/city-services/)

Join the Conversation (/jointheconversation/)

City Council Agendas(http://ww2.cityofpasadena.net/councilagendas/council_agenda.asp)

City Council Districts (/mayor/all-districts/)

(https://www.facebook.com/cityofpasadena) (http://www.twitter.com/pasadenagov)

City Mission, Vision, and Values (/main/visitors/about)Copyright 2019 © City of Pasadena. All Rights Reserved.

Contact the City (626) 744-7311

Privacy Statement (/main/privacy/)Website Accessibility (/main/accessibility/)

Weather Powered by Dark Sky (https://darksky.net/poweredby/)

Page 34: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

cc.bingj.com/cache.aspx?q=pasadena+cannabis&d=4579399122354785&mkt=en-US&setlang=en-US&w=KSHuDu3z_BIieB6kCLWydB2Yi3JAO6Eh 1/12

You have reached the cached page for https://ww5.cityofpasadena.net/planning/marijuana-regulations/(https://ww5.cityofpasadena.net/planning/marijuana-regulations/)

Below is a snapshot of the Web page as it appeared on 6/30/2019 (the last time our crawler visited it). This is theversion of the page that was used for ranking your search results. The page may have changed since we last cached it.To see what might have changed (without the highlights), go to the current page(https://ww5.cityofpasadena.net/planning/marijuana-regulations/).

You searched for: pasadena cannabis We have highlighted matching words that appear in the page below.

Bing is not responsible for the content of this page.

Marijuana RegulationsPosted on January 2, 2019 in Community Planning Active Projects

(https://ww5.cityofpasadena.net/planning/category/community-planning-active-projects/), Home Page Slider(https://ww5.cityofpasadena.net/planning/category/home-page-slider/), Zoning Code and Map Amendment

Projects (https://ww5.cityofpasadena.net/planning/category/community-planning-active-projects/zoning-code-and-map-amendment-projects/)

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/v3CC-Slideshow-pic-V2-300x149.png)

STATUS UPDATE ON CONDITIONAL USE PERMIT: CANNABIS RETAILERAPPLICATIONS

UPDATED June 28, 2019 – The chart below identifies the Conditional Use Permit: Cannabis Retailerapplications that have been submitted to date and their status. Copies of the status letters sent to eachapplicant are available below.

Applicant Date ofSubmission

TimeSubmitted Proposed Location Council

District Status

Page 35: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

cc.bingj.com/cache.aspx?q=pasadena+cannabis&d=4579399122354785&mkt=en-US&setlang=en-US&w=KSHuDu3z_BIieB6kCLWydB2Yi3JAO6Eh 2/12

1. SweetFlowerPasadena, LLC June 12, 2019 5:34 p.m. 827 E Colorado Blvd 3

Incomplete

(Applicationresubmitted on 6/27/19)

2. Harvest ofPasadena, LLC June 12, 2019 10:20 p.m. 169 W Colorado Blvd 3 Complete for

processing

3. The Atrium Group,LLC June 13, 2019 4:48 p.m. 70 W Union 3

Not compliant withlocation requirementsset forth in Section 17.050.066 D.

4. Varda (Tony Fong) June 17, 2019 3:59 p.m. 3355 E Colorado Blvd 4 Complete forprocessing

5. Integral AssociatesDena, LLC June 21, 2019 8:04 p.m. 112 W Colorado Blvd 6

Not compliant withlocation requirementsset forth in Section 17.050.066 D. (Withdrawn 6/27/19)

6. SweetFlowerPasadena, LLC June 27, 2019 2:52 p.m. 827 E Colorado Blvd 3

7. Integral AssociatesDena, LLC June 27, 2019 4:25 p.m. 908 E Colorado Blvd 7

Complete forprocessing

Status Letters sent as of June 28, 2019:

1. Status Letter for SweetFlower LLC (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/1-SweetFlower_Status_Ltr-1.pdf)

2. Status Letter for Harvest of Pasadena LLC (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/2-Harvest_Status-Letter.pdf)

3. Status Letter for The Atrium Group LLC (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/3-Atrium_Status_Ltr.pdf)

4. Status Letter for Varda (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/4-Varda_Status_Ltr.pdf)

5. Status Letter for Integral Associates Dena, LLC (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/5-Integral_Status_Ltr.pdf)

6.

Status Letter for Integral Associates Dena LLC June 28, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/6-Integral_Status_Ltr.pdf)

CORRESPONDENCE PERTAINING TO CANNABIS APPLICANT SELECTIONUPDATED June 28, 2019 – The following correspondence has been submitted to the City:

Page 36: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

cc.bingj.com/cache.aspx?q=pasadena+cannabis&d=4579399122354785&mkt=en-US&setlang=en-US&w=KSHuDu3z_BIieB6kCLWydB2Yi3JAO6Eh 3/12

1.

Letter from Green Thumb Industries regarding Integral Associates Dena, LLC dated June 6, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/1-Integral-Associates-Dena-LLC-6-6-19.pdf)

2.

Letter from The Brick & Rose, LLC dated June 17th, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/2-The-Brick-and-Rose-06-17-19.pdf)

3.

Position Statement from WOW Health & Wellness, LLC(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/3-WOW-Position-Statement.pdf)

4.

Letter from the Atrium Group, LLC dated June 19, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/4-Atrium-6.19.19.pdf)

5.

Letter from Sweetflower Pasadena, LLC received June 19, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/5-SweetFlower-6.19.19.pdf)

6.

Letter from The Brick & Rose, LLC dated June 23, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/8-BNR-6.23.19-w-cover-email.pdf)

7.

Email from WOW Health & Wellness dated June 26, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/7-WOW-Email-6.26.19.pdf)

UPDATED June 28, 2019 – The following are the City’s correspondence to the applicants:

1.

Letter from City Manager Steve Mermell in reply to The Brick & Rose, LLC dated June 20, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/6-SM-to-BNR-6.20.19.pdf)

2.

Letter from City Manager Steve Mermell in reply to WOW Health & Wellness, LLC dated June 20,2019 (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/7-SM-to-WOW-6.20.19.pdf)

3.

Letter from City Manager Steve Mermell to Harvest of Pasadena dated June 25, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Letter-to-Harvest-of-Pasadena-6.25.19-w-Email.pdf)

4.

Letter from City Attorney in reply to WOW Health Wellness LLC dated June 28, 2019(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Letter-in-Response-to-WOW-6.28.19.pdf)

CONDITIONAL USE PERMIT: CANNABIS RETAILER RULES &REGULATIONS

June 20, 2019 – A meeting was held June 12, 2019 with staff and representatives for the 6 top-scoringapplications. At this meeting, each representative was provided the ‘Conditional Use Permit: CannabisRetailer’ application forms and staff provided an explanation of the submission requirements and theapplication process. The following document contains the rules and regulations promulgated for theConditional Use Permit: Cannabis Retailer application.

Rules and Regulations for Retail Cannabis CUP (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Rules-and-Regulations-for-Cannabis-Permit-6.20.19.pdf)

– Refer also to Addenda 1.

Page 37: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

cc.bingj.com/cache.aspx?q=pasadena+cannabis&d=4579399122354785&mkt=en-US&setlang=en-US&w=KSHuDu3z_BIieB6kCLWydB2Yi3JAO6Eh 4/12

June 27, 2019 – Addenda 1 to the Rules and Regulations promulgated for the Conditional Use Permit:Cannabis Retailer application is available below.

Addenda 1 – Rules and Regulations for Retail Cannabis CUP(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Addenda_-Rules-and-

Regulations_-6.27.19.pdf)

REDACTED APPLICATIONS AVAILABLE FOR TOP-SCORING APPLICANTSJUNE 11, 2019 – The redacted applications for the six top-scoring applicants for commercial cannabis arenow available. These applications have been reviewed and information that is exempt from disclosure hasbeen redacted. Redacted information includes: personnel, medical or similar files pursuant to GovernmentCode Section 6254 (c) and Article I, Section I of the California Constitution; information required from anytaxpayer in connection with the collection of local taxes that is received in confidence and the disclosure ofthe information to other persons would result in unfair competitive disadvantage to the person supplying theinformation pursuant to Government Code Section 6254(i); and, statements of personal worth or personalfinancial data required by a licensing agency and filed by an applicant with the licensing agency to establishhis or her personal qualification for the license certificate or permit applied for pursuant to Government CodeSection 6254(n).

1. Integral Associates DENA LLC – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Integral-Associates-DENA-LLC-Redacted-App.pdf)

2. Tony Fong – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Tony-Fong-Redacted-App-1.pdf)

3. Atrium Pasadena LLC – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Atrium-Pasadena-LLC-Redacted-App-1.pdf)

4. Harvest of Pasadena – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Harvest-of-Pasadena-Redacted-App-1.pdf)

5. SweetFlower Pasadena LLC – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/SweetFlower-Pasadena-LLC-Redacted-App-1.pdf)

6. MME Pasadena Retail – Redacted App (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/MME-Pasadena-Retail-Redacted-App-1.pdf)

APPLICATION SELECTION RESULTS FOR RETAILER PERMITSJUNE 5, 2019 – The City of Pasadena has completed the review and scoring of applications received forcommercial cannabis retailer permits. The following are the six top-scoring applicants:

Applicant Name PointsPossible

PointsAwarded Score

1 Integral Associates Dena, LLC 1,575 1,492 94.73%

2 Tony Fong 1,575 1,473 93.52%

3 The Atrium Group, LLC 1,575 1,468 93.21%

4 Harvest of Pasadena, LLC 1,575 1,467 93.14%

5 SweetFlower Pasadena, LLC 1,575 1,465 93.02%

Page 38: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

cc.bingj.com/cache.aspx?q=pasadena+cannabis&d=4579399122354785&mkt=en-US&setlang=en-US&w=KSHuDu3z_BIieB6kCLWydB2Yi3JAO6Eh 5/12

6 MME Pasadena Retail, LLC 1,575 1,459 92.63%

“We would like to recognize and congratulate the six top-scoring applicants who completed a verycomprehensive process,” states City Manager Steve Mermell. Mr. Mermell added that future retaildispensaries will have appropriate design review and conditions to guard against impacts on surroundinguses and added, “I was pleased with the high-level of sophistication, experience and expertise demonstratedby the top-scoring applicants and look forward to a positive relationship between future permitteddispensaries and our community.”

Applications for all three categories of commercial cannabis permits—retailers, testing laboratories andcultivators—were accepted from January 1, 2019 until January 31, 2019. Of the 128 applications received,122 applications were for the ‘Retailer’ category. Applications were thoroughly reviewed by Hinderliter, deLlamas and Associates (HdL), an independent municipal consulting group offering cannabis consultingservices. Applications were scored by HdL according to the City of Pasadena Commercial Cannabis PermitApplication Review Criteria, which consist of four primary categories with a total of 28 specific sub-criteria.Linked below is a complete list of all retail applicants and their scores, which will be maintained by the City fora period of 12 months and may be used to identify potential future operators.

The adopted marijuana regulations (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Chapter-17.50-Land-Use-Regulations.pdf)

allow up to a maximum of six retail operators. The next steps for the top-scoring retail applicants are to submita Conditional Use Permit (CUP) application and supplemental commercial cannabis information, includingverification of a lease or ownership location that complies with the required distance separation requirementsof the

City’s commercial cannabis ordinance (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Chapter-17.50-Land-Use-Regulations.pdf)

, a security plan and community benefits plan. The CUP applications will be evaluated and reviewed by thePlanning Commission. The City continues to proactively deter unpermitted dispensaries through a multi-departmental enforcement effort comprised of the City Attorney/City Prosecutor Office, the Pasadena PoliceDepartment, Code Compliance and the California Department of Tax and Fee Administration. To date, theCity has closed over 20 dispensaries, 11 in the last year.

We anticipate concluding the review, scoring and identification of the top-scoring applicants for the categoriesof ‘Testing Laboratories’ and ‘Cultivators’ within the next few weeks. The City is actively working on placing allpublic information-related documents related to each application on the City website within the coming weeks.

The final application scores for commercial applicants is linked below. Application scores and rankings arefinal and there is no appeal process.

Cannabis Application Results – Retailers (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Scores-Retail-Only.pdf)

UPDATE ON APPLICATION REVIEW STATUSMARCH 15, 2019 – The application window for the City’s commercial cannabis program closed January31st, 2019. A total of 128 applications were submitted of which 122 applications were submitted for retaillicenses, 3 for testing laboratories licenses and 3 for the cultivator licenses.

Page 39: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

cc.bingj.com/cache.aspx?q=pasadena+cannabis&d=4579399122354785&mkt=en-US&setlang=en-US&w=KSHuDu3z_BIieB6kCLWydB2Yi3JAO6Eh 6/12

The applications are currently being reviewed. Upon completion of the application review and scoring, the topapplicants for each permit type will be invited for an interview to further clarify the submitted materials. Applicants with the highest scores following both the review of applications and the interview will be identifiedto submit an application for a land use approval to receive a commercial cannabis permit.

Interviews are anticipated to occur in June, 2019. Up to date information will be available on this page. Questions and inquiries may be directed to: [email protected](mailto:[email protected]).

FREQUENTLY ASKED QUESTIONS

Q: How can I stay informed on the application selection process?

You may subscribe to our mailing list below to be notified when updated information is available on theapplication selection process.

Email address:

Your email address

Subscribe

Q: What were the results of Ballot Measure CC and Ballot Measure DD?

A: On June 5, 2018, Pasadena voters approved Ballot Measures CC and DD. Measure CC allows a limitednumber of cannabis (marijuana) retailers, cultivators, and testing labs to operate within specific zoning areasin the City. Measure DD levies a business license tax on commercial cannabis businesses of up to$10/canopy square foot (for cultivation) and between 4-6% of gross receipts (for retail sales).

Q: When will the City begin accepting applications for commercial cannabis permits?

A: The application filing period is now closed. Applications were accepted January 1, 2019 untilJanuary 31, 2019. Applications are no longer being accepted.

Q: How many commercial cannabis permits will be issued?

A: Up to six (6) retailers, four (4) cultivation sites, and four (4) testing labs will be permitted to operate at anyone time in Pasadena.

Q: Where will a cannabis business be allowed to operate?

Page 40: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

cc.bingj.com/cache.aspx?q=pasadena+cannabis&d=4579399122354785&mkt=en-US&setlang=en-US&w=KSHuDu3z_BIieB6kCLWydB2Yi3JAO6Eh 7/12

A: A DRAFT map is available for potential retail locations. This draft map is provided for reference only but isnot intended to be comprehensive or reliable for the purpose of securing a site. Potential retail sites aresubject to the distance separations and zoning restrictions outlined in Pasadena Municipal Code Section17.050.066, linked at the bottom of this page, and such sites will be verified for compliance with the ordinanceupon submission of the use permit application. Only the top candidates will be selected to submit the usepermit application. The draft retail cannabis zoning map is available here:

DRAFT Cannabis Retailer Map – DEC 6 2018 (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/DRAFT-Cannabis-Retailer-Map-DEC-6-2018.pdf)

Q: Can I operate a cannabis business without a permit from the City?

A: No. A commercial cannabis permit is required prior to opening any cannabis business in Pasadena. Furthermore, a commercial cannabis license issued by the State (Bureau of Cannabis Control,CalCannabis, or the Manufactured Cannabis Safety Branch) is also required prior to opening.

Q: Where can I find the City’s cannabis regulations?

A: The ordinances permitting and regulating commercial cannabis activity can be found here:

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Chapter-5.28-Business-Tax.pdf)

(https://ww5.cityofpasadena.net/planning/wp-

content/uploads/sites/56/2017/08/Chapter-5.78-Business-License-Regulations.pdf)

(https://ww5.cityofpasadena.net/planning/wp-

content/uploads/sites/56/2017/08/Chapter-17.50-Land-Use-Regulations.pdf)

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Title-8-Health-and-

Safety.pdf)

APPLICATION-RELATED MATERIALSApplications are no longer being accepted. The materials listed below are available for

reference purposes only.

JANUARY 30, 2019 – Due to recent inquiries on the application and application process, additional‘Questions & Responses’ are now available below.

Page 41: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

cc.bingj.com/cache.aspx?q=pasadena+cannabis&d=4579399122354785&mkt=en-US&setlang=en-US&w=KSHuDu3z_BIieB6kCLWydB2Yi3JAO6Eh 8/12

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Questions-and-Responses_P4_1.30.19-FINAL.pdf)

JANUARY 25, 2019 – Due to recent inquiries on the application and application process, additional‘Questions & Responses’ are now available below.

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Questions-and-Responses_P3_1.25.19.pdf)

JANUARY 16, 2019 – Due to recent inquiries on the application and application process, additional‘Questions & Responses’ are now available below. Also, please note that the ‘

Application Review Criteria’ (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2018/12/Review-Criteria_1.16.19-Revised.pdf)

has been revised to correct an error in the calculation for Section 3.

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2019/01/Questions-and-Responses_P2_1.16.19-1.pdf)

DECEMBER 31, 2018 – The commercial cannabis application submission portal will be available at 12:01a.m. on January 1, 2019 through 11:59 p.m. on January 31, 2019 via the link below. Also available is theApplicant/Owner Information Form. Please refer to the three other application-related documents postedbelow on December 14, 2019.

(https://egov1.cityofpasadena.net/apps/cannabisapp/)

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Applicant-Owner-Submittal-Form-FINAL-Rev-1.3.19.pdf)

DECEMBER 14, 2018 – The commercial cannabis application materials are now available. Applications willbe accepted online beginning on January 1, 2019. Please check back on January 1, 2019 for a link on thispage to the application submission portal.

(https://ww5.cityofpasadena.net/planning/wp-

content/uploads/sites/56/2018/12/Screening-Application-Information-Packet_FINAL.pdf)

Page 42: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

cc.bingj.com/cache.aspx?q=pasadena+cannabis&d=4579399122354785&mkt=en-US&setlang=en-US&w=KSHuDu3z_BIieB6kCLWydB2Yi3JAO6Eh 9/12

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2018/12/Review-

Criteria_1.16.19-Revised.pdf)

(https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2018/12/Questions-and-Responses-for-Commercial-Cannabis_FINAL.pdf)

NOVEMBER 14, 2018 – Watch the November 13, 2018 Commercial Cannabis Application Workshop

DRAFT Documents (NOTE: The FINAL documents are linked above in the green-colored buttons):

Workshop Presentation (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Workshop-Presentation.pdf)

DRAFT Screening Application Information Packet (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Screening-Application-Information-Packet-11.28.18.pdf)

DRAFT Review Criteria (https://ww5.cityofpasadena.net/planning/wp-content/uploads/sites/56/2017/08/Review-Criteria-REV-11.28.18.pdf)

City of Pasadena Commercial Cannabis ApplicationCity of Pasadena Commercial Cannabis Application……

Page 43: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

cc.bingj.com/cache.aspx?q=pasadena+cannabis&d=4579399122354785&mkt=en-US&setlang=en-US&w=KSHuDu3z_BIieB6kCLWydB2Yi3JAO6Eh 10/12

(https://twitter.com/pasadenagov) (https://www.facebook.com/cityofpasadena)

DEPARTMENTS

City Attorney/ City Prosecutor (/city-attorney/)

City Clerk (/city-clerk/)

City Manager (/city-manager/)

Information Technology (/information-technology/)

Library (/library/)

Page 44: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

cc.bingj.com/cache.aspx?q=pasadena+cannabis&d=4579399122354785&mkt=en-US&setlang=en-US&w=KSHuDu3z_BIieB6kCLWydB2Yi3JAO6Eh 11/12

AFFILIATED AGENCIES

Finance (/finance/)

Fire (/fire/)

Housing (/housing/)

Human Resources (/human-resources/)

Human Services & Recreation(/humanservices/)

Planning & Community Development(/planning/)

Police (/police/)

Public Health (/public-health/)

Public Works (/public-works/)

Transportation (/transportation/)

Water & Power (/water-and-power/)

Burbank Airport Authority(http://www.bobhopeairport.com/)

Gold Line Transit Authority(http://www.foothillgoldline.org/)

Pasadena Center Operating Company(http://www.visitpasadena.com/)

Pasadena Community Access Corporation(http://www.pasadenamedia.tv/)

Rose Bowl Operating Company(http://www.rosebowlstadium.com/)

Pasadena Unified School District(http://www.pusd.us/)

E-PAY SERVICES

CITY SERVICES

Business License Renewal(/finance/licenses/business-licenses/)

Parking Permits(https://pasadenaparking.t2hosted.com/Account/Portal)

Utility Bill Payment (/water-and-power/)

Yard Sale Permit (/planning/permit/yard-sale-permit/)

Parking Citations (/transportation/parking-citations/)

News Releases (/city-manager/news-releases)

Resident Services (/main/Residents/)

Business Services (/main/Business/)

Citizen Service Center (/citizen-service-center/)

Contact the City (/main/contact/)

Visitor Information (/main/Visitors/)

All City Services (/main/city-services/)

Page 45: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

6/30/2019 Marijuana Regulations - Planning & Community Development

cc.bingj.com/cache.aspx?q=pasadena+cannabis&d=4579399122354785&mkt=en-US&setlang=en-US&w=KSHuDu3z_BIieB6kCLWydB2Yi3JAO6Eh 12/12

CITY COUNCIL

City Job Opportunities(http://agency.governmentjobs.com/pasadena/default.cfm)

City Employee Links (/main/government/city-departments-and-other-resources/)

Join the Conversation (/jointheconversation/)

City Council Agendas(http://ww2.cityofpasadena.net/councilagendas/council_agenda.asp)

City Council Districts (/mayor/all-districts/)

(https://www.facebook.com/cityofpasadena) (http://www.twitter.com/pasadenagov)

City Mission, Vision, and Values (/main/visitors/about)Copyright 2019 © City of Pasadena. All Rights Reserved.

Contact the City (626) 744-7311

Privacy Statement (/main/privacy/)Website Accessibility (/main/accessibility/)

Weather Powered by Dark Sky (https://darksky.net/poweredby/)

Page 46: Nunez, Guille - City of Pasadena€¦ · 1 Nunez, Guille From: Damian A. Martin  Sent: Sunday, June 30, 2019 7:03 PM To: Bagneris, Michele Cc: Mermell,

From: [email protected]: [email protected]: Pasadena Public Records Request - ReceiptDate: Sunday, June 30, 2019 6:03:32 PM

Thank you for your public records request to the City of Pasadena. The city willpromptly research your request and contact you should there be any questions.Documents will be prepared and delivered by each department via the moderequested (EMAIL).

Your public records request number is: 0011402 Please refer to this number if contacting the city regarding this request.