San Bernardino is Licensing Cannabis Businesses

The citizens of the City of San Bernardino opted to adopt California Proposition 215 (Compassionate Use Act) and starting accepting licenses as of June 5, 2017 for marijuana business permits.  This comes well over 6 months after voters approved Measure O, San Bernardino Regulate Marijuana Act of 2016. 

Measure O stipulates that applicants who wish to submit a Medical Marijuana Business Permit be for a property that is at least 600 feet from residential zones.  To equip applicants for cultivation, manufacturing, testing, transportation or distribution, analysis has been completed by the city to best identify the viable business locations.  Yet, there is more than just the business type and property location to consider when applying.

• Step 1:  Identify a Permissible Property Location
• Step 2:  Prepare the Project Information Profile
• Step 3:  Prepare and Complete the Application Requirements

There are some pending legal arguments against Measure O, but of the 4 pending only 2 of them are being considered as having any merit.  The City will continue to keep you informed of its progress, but feel free to visit the San Bernardino city web site periodically for updates.
 
Step 1: Identify a Permissible Property Location

Maps and matrixes are provided by the city of the viable locations approved for cultivation, manufacturing, testing, transportation and distribution.  The city refers to the permissible areas as M-B Overlay 1 and M-B Overlay 2.  The allowable locations for applicants are not only identified via the additional maps and matrix resources, but each plotted area is assigned an “Assessor Parcel Number” (APN).  Of those APN’s note as follows:
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• M-B Overlay 1 – Out of the 153 APN’s originally listed in Measure O, only 142 have since been deemed eligible under Section 19.420.040 B Table 1 meeting the distance qualifications. 
  • M-B Overlay 1 Matrix provides an inventory list and profile of the potential APN’s
• M-B Overlay 2 – Initially offered 21 separate APN’s to be available locations for a potential permit, and later determined only a potential of 8 were permissible.  Of those 8, however, are self-contained within 4 property locations 1 of which is already designated for a parking lot presently under construction.
  • M-B Overlay 2 Matrix is the list and details for the second set of APN’s
• Measure O’s Interactive Map shows the qualified parcels identified. 

It should be noted that an APN # is a requirement as part of the application process, and will need to be reference on the application form.  This is in addition to the property address, zoning district, general plan designation and which of the two M-B Overlays the location is listed within.
 
Step 2:  Prepare the Project Information Profile

• Identify if the business is new or an existing one in need of a renewal
• Description of the business venture (i.e. project)
• General property information
  • Square footage of the property and building
  • Hours of operation
  • Total number of employees
• General business information
  • Business name and address (current/and or proposed)
  • Website (if available)
  • Business email address (if available)
  • Organizational structure of the applicant (e.g. trust, partnership, corporation, or LLC)
• State License Type:
  • 1A Cultivation
  • 1B Cultivation
  • 2A Cultivation
  • 2B Cultivation
  • 4 Cultivation
  • 6 Manufacturer
  • 7 Manufacturer
  • 8 Testing
  • 10 Dispensary
  • 10A Dispensary
  • 11 Distribution
  • 12 Transporter
• Elevation
  • Describe how the proposed project complies with the requirements of the California Environmental Quality Act & CEQA Guidelines
  • Describing if any permits be required from agencies other than the City (including a Hazardous Materials Business Plan)
  • Description of whether the project use, store, or dispose of potentially hazardous chemicals, materials, toxic substances, flammables or explosives

Step 3: Prepare and Complete the Application Requirements

Applicants must complete the standard Marijuana Business Permit Application as well as provide supplemental information depending on the license type.   Prior to submission, it is recommended the Measure O guidelines be fully reviewed, as there are some additional requirements articulated on the requirements of the operating business.

General application requirement checklist:

• Application form (see link above)
• Filing fee - $250
• Elevations (photographs may be provided) – Quantity of 3 copies
• Legal description of subject property
• Ventilation plan
• Proof of submittal of Live Scan fingerprints to San Bernardino Police Department (see below details and links to the Live Scan form and requirements) – Any applicants with a felony within the last 10 years will be denied
• Copy of valid government issued photo identification (applicant shall be 21 years of age or older)
• Signed application authorization form and authorization approval from the proposed property’s owner
• Delivery companies must first obtain a state license

Once the application is approved there are additional permit fees that are at a minimum of $250 annually and an additional $1 per square foot of operating space.

Site Plan [1” = 10’] (Quantity of 3 Copies):

It should be noted that no marijuana business shall be allowed to operate out of any temporary or portable structure.

• North arrow, drawing scale, date of preparation and name of plan preparer
• Dimensions of subject property – including square footage
• Dimensions and names of all adjacent streets and public rights-of-way
• Location and dimensions of all buildings and structures – including square-footage
• Location and dimensions of landscaped areas
• Location of all parking areas and driveways and means of ingress and egress
• Location and dimensions of all handicap parking spaces, ramps, curb ramps and signs
• Location and dimensions of handicap-accessible Path of Travel to building entrance, sidewalks and interior walks
• Uses for all buildings and structures indicated on the site plan

​Floor Plan [1/4” = 1’] (Quantity of 3 Copies):

• North arrow, drawing scale, date of preparation and name of plan preparer
• Location and dimensions for means of ingress and egress
• Square footage of all interior spaces
• Proposed uses of all interior spaces

Area Map [1” = 50’] (Quantity of 3 Copies):

• Location of subject property (Note the APN related references and requirements as outlined in Step 1.  By pre-validating the specific parcel #, and the available APN’s will best enable the application being approved.)
• Location of all highways, streets and alleys within 600 feet from the exterior boundaries of the subject property
• Location of all lots and *-666-841
• -parcels of land within 600 feet from the exterior boundaries of the subject property
• One copy of the Area Map shall identify the existing uses of all lots and parcels of land on the map

Business Plan (shall contain a minimum of the following information):

• Inventory management and storage practices
• Quality assurance and testing procedures
• Security plans and equipment (note, no windows or doors can remain open while the business is open and all exterior windows must have some type of opaque covering, parking lots well-lit and security systems manned and supported 24x7.  See Section 19.420.050 Development Standards of the for a full list of all detailed requirements)
• For cultivators, the square footage of “canopy” area is required to be submitted
• Organizational infrastructure including all stakeholders, owners, investors, employees and any agents/agencies representing the business

For further details and the application form, go the City of San Bernardino’s web site and their Marijuana Business Permit Application.  On the same site, there’s an additional form available for their live scanning capabilities. 

Marijuana Business Live Scan Form will initiate the Live Scan Fingerprinting services which is a technique used by law enforcement agencies and private Live Scan Service Providers. The technology electronically captures fingerprints (and palm prints at designated agencies) without using ink and/or paper.  Since this form is available, applicants should be prepared for the following:

• Fingerprinting
• Background checks
• Possible additional application fees for the vendor performing the scanning activities (Typically around $150 to $200)

While there are no deadlines, or caps on the number of permits being offered, applicants will see limits based on available real estate. Early preservation of compliant properties will be key to obtaining permitting in the City of San Bernardino along with the appropriate prerequisites through the state and background check approvals.

Contact Info:

Applicants can sign up to receive email updates regarding the implementation process and status by contacting Stephanie Sanchez at Sanchez_Stephanie@SBCity.org or 909-384-7272 x.3343. Application questions should be directed to Planning Division Associate Planner Travis Martin at Martin_Tr@SBCity.org or 909-384-5313 inclusive of questions on application fees.

Other City Resources:
City Council Resolution 2016-177
Measure O full text initiative packet
Measure O Interactive Map
County of San Bernardino Elections Office of the Registrar of Voters election results