Findings for SU based upon Nye County Code Chapter Medical Marijuana Establishments:

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2 Nye County BOCC Public Hearing Staff Report; SU July 16, 2014 Page 2 of 5 Findings for SU based upon Nye County Code Chapter Medical Marijuana Establishments: The application is a complete submittal which includes all required documents such as a site plan, business plan, etc. The proposed use is located within a zoning district which allows for medical marijuana establishments (if applicable). The subject property is located within the General Commercial (GC) Zoning District. The subject property is designated as Mixed Use within the adopted 2003 Pahrump Regional Planning District Master Plan as amended; the Mixed Use designation is a mix of uses allowed to provide a more dense, urban core, with pedestrian amenities, trails, sidewalks and places for residents to live, work and play. Commercial uses are at a neighborhood scale, prohibiting big box buildings greater than 80,000 square feet. Residential development of single family or multi-family housing is allowed. The proposed use complies with all distance separation requirements (separation from schools, parks, churches, etc.). The applicant has submitted a straight-line drawing prepared by a licensed surveyor, showing the separations of 300 to any residential use; 300 to a community use; and 1,000 to a school. There are no residential uses, community uses or schools within each of their respective boundaries. Scoring Findings: 1. Criteria: A sufficient and viable financial plan has been submitted showing the resources of the applicant and proof the applicant has adequate funds to support the business plan as presented. Finding: The application submitted provides a financial plan which identifies the resources of the applicant in order to demonstrate adequate funds to support the applicant s business plan. 2. Criteria: A sufficient and viable electronic verification system, inventory control system, and measures for adequate building security and fire protection have been presented. Finding: The application states inventory control will be provided by utilizing BIOTrackTHC-Seed to Sale tracking software; on-site security will be provided by Unity One Inc. The subject property is located within the Utilities Inc of Central Nevada (UICN) tariff area and there are existing water and sewer lines and fire hydrants in the vicinity as well as one hydrant on the property. The application states the building is equipped with a fully functional fire alarm and sprinkler system. 3. Criteria: An adequate transportation plan that addresses product security during the transport of medical marijuana from seed to sale has been presented. Finding: The application provided a transportation statement, that BIOTrackTHC Seed to Sale tracking system will be used. The security company will provide escort protection for product transportation. 4. Criteria: The capability to provide safe and secure packaging of medical marijuana products that would assist in reducing the exposure of children to the dangers of medical marijuana has been presented. Finding: The application states that packaging and transportation of the product will be in airtight, sealed, locked, child resistant containers, which will reduce unwanted exposure and provide for secure, contaminant free product. 5. Criteria: The design of the proposed establishment will have a professional appearance and will be compatible with the existing or future uses in the proposed area of development. Finding: The application provided states the exterior façade will be painted a neutral color and the existing wall sign and wall graphics will be removed to maintain a clean, subtle and professional exterior appearance.

3 Nye County BOCC Public Hearing Staff Report; SU July 16, 2014 Page 3 of 5 6. Criteria: Crime or other factors in the area of the proposed medical marijuana establishment do not pose an undue threat to the security of the proposed establishment, its product, employees or prospective patrons. Finding: The application submitted a narrative discussing crime factors, stating the facility will be utilizing multiple high end security measures so there is no undue threat to the security of the establishment, its products or employees. 7. Criteria: (For dispensaries only) The proposed dispensary will provide convenient access to those authorized to use medical marijuana, and will allow for the sufficient distribution of marijuana for medical use. Finding: Not applicable to this application. LAND USE MATRIX CURRENT ZONING (if applicable) LAND USE PLAN DESIGNATION (PRPD Master Plan, Nye County Comprehensive/Master Plan, Amargosa Valley Area Plan) CURRENT LAND USE SITE General Commercial (GC) Mixed Use Skating Rink NORTH General Commercial (GC) General Commercial Vacant/Mixed Commercial SOUTH Multi-Family (MF) Medium Density Residential Vacant EAST General Commercial (GC) Mixed Use Retail Hardware and Auto Parts store WEST General Commercial (GC) Mixed Use Retail Furniture Store External Comments: The Town of (Pahrump, Amargosa Valley, Tonopah) has been notified of this application. All owners of property located within 300 feet, and all owners of the 30 nearest parcels to the subject property have been notified of this application. Staff has received no letter(s) in support or opposition of the application. ANALYSIS Application Details: This application is a request for approval of a special use permit for a medical marijuana establishment (cultivation) in a General Commercial (GC) zoning district located in Pahrump. Approval of a Special Use Permit requires a simple majority vote of the Board. Zoning: The subject property is zoned General Commercial (GC), which is a zoning district which allows for medical marijuana establishments according to Nye County Code Section Distance Separations: The applicant has submitted a statement and a straight-line drawing indicating that the proposed use complies with all distance separation requirements (separation from schools, parks, churches, etc.).

4 Nye County BOCC Public Hearing Staff Report; SU July 16, 2014 Page 4 of 5 MANDATORY CONDITIONS OF APPROVAL The approval of any special use permit authorizing the operation of a medical marijuana establishment must contain at a minimum the following conditions: 1. The special use permit grantee must provide to the Nye County Planning Director a copy of the registration certificate issued by the State of Nevada prior to commencing operations. 2. The establishment must continue to meet all requirements for a medical marijuana establishment to qualify for and maintain its certificate of registration as set forth by State law. 3. The establishment must comply with all operating procedures required by State law. 4. The establishment must prohibit anyone from consuming marijuana on the premises. 5. If the establishment has signage, the signage shall be limited to one wall sign not to exceed two square feet in size. 6. The establishment must prohibit anyone under the age of eighteen years on the premises. 7. The establishment must prohibit medical marijuana activities including, without limitation, cultivating, growing, processing, displaying, selling or storage from being conducted outdoors. 8. All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed facility. 9. The establishment must prevent medical marijuana or paraphernalia from being displayed or kept in a manner that is visible from outside the facility. 10. The establishment must install security surveillance cameras that monitor all entrances, along with the interior and exterior of the premises. Recordings from these cameras must be maintained in a retrievable manner for at least 90 days from the date recorded. 11. The establishment must install and maintain in good working condition robbery and burglary alarm systems. 12. The establishment must post a legible sign inside the facility stating that: a. The use or distribution of marijuana is a violation of federal law. b. The possession, use, or distribution of marijuana for non-medical purposes is a violation of state law. c. Consumption of marijuana on the premises is prohibited. d. No one under the age of eighteen years is permitted on the premises. 13. The special use permit grantee shall record a notarized affidavit in which the grantee acknowledges that the operation of a medical marijuana establishment is a violation of federal law. 14. The special use permit grantee shall record a notarized statement in which the grantee agrees to hold Nye County harmless against any federal law enforcement actions that may result from the activities of the medical marijuana establishment that is the subject of the special use permit. SPECIAL CONDITIONS OF APPROVAL 15. If the State of Nevada, Division of Public and Behavioral Health, issues a Medical Marijuana Establishment (MME) Provisional Registration Certificate for the establishment for which the special use permit was granted by December 31, 2015, then the establishment must commence operations within 18 months of the date of issuance of the Provisional Registration Certificate otherwise the special use permit will expire. If the State of Nevada does not issue a MME Provisional Registration Certificate for the establishment for which the special use permit was granted by December 31, 2015 the special use permit will expire. 16. Property owner/applicant/grantee shall obtain all required local and state approvals, building permits, plan reviews, inspections, etc., for the establishment.

5 Nye County BOCC Public Hearing Staff Report; SU July 16, 2014 Page 5 of The special use permit grantee shall provide to the Planning Department prior to commencement of the establishment a copy of the recorded notarized affidavit in which the grantee acknowledges that the operation of the medical marijuana establishment is a violation of federal law. 18. The special use permit grantee shall provide to the Planning Department prior to commencement of the establishment a copy of the recorded notarized statement in which the grantee agrees to hold Nye County harmless against any federal law enforcement actions that may result from the activities of the medical marijuana establishment.

6 Oleander Av Nightingale Av Maverick Av Sycamore Av Pershing Av Pahrump Valley Bv Board of County Commissioners -- DP Brooks Investments, Owner -- ACC Industries, Inc., Applicant BOCC HEARING JUL SU Calvada Bv Antelope St Ë Big Horn St EXHIBIT "A" -- AREA ZONING NOTIFIED PROPERTIES 500 FOOT BUFFER MF; Multi Family Residential GC; General Commercial MU; Mixed Use CC; Calvada Commercial DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of htis document beyond the prupose for which it is intended. This drawing is not to scale.

7 Oleander Av Nightingale Av Maverick Av Sycamore Av Pershing Av Pahrump Valley Bv Board of County Commissioners -- DP Brooks Investments, Owner -- ACC Industries, Inc., Applicant BOCC HEARING JUL SU Calvada Bv Antelope St Ë Big Horn St EXHIBIT "B" -- MASTER PLAN CATEGORIES NOTIFIED PROPERTIES 500 FOOT BUFFER MU: Mixed Use MDR: Medium Density Residential GC: General Commercial DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of htis document beyond the prupose for which it is intended. This drawing is not to scale.

8 Board of County Commissioners -- DP Brooks Investments, Owner -- ACC Industries, Inc., Applicant BOCC HEARING JUL SU Pahrump Valley Bv Pershing Av Maverick Av Nightingale Av Antelope St Oleander Av Sycamore Av Calvada Bv Ë Big Horn St EXHIBIT "C" -- AERIAL PERSPECTIVE NOTIFIED PROPERTIES 500 FOOT BUFFER DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of htis document beyond the prupose for which it is intended. This drawing is not to scale.

9 Board of County Commissioners -- DP Brooks Investments, Owner -- ACC Industries, Inc., Applicant BOCC HEARING JUL SU Calvada Bv Ë EXHIBIT "D" -- CLOSE UP AERIAL DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of htis document beyond the prupose for which it is intended. This drawing is not to scale.