Attachment 1: Draft Temporary Use Permit No. TUP19-0001 (Langford)

Temporary Use Permit No. TUP19-0001

Temporary Use Permit No. TUP19-0001 is issued by the Council for the City of Langford to Clarity Cannabis BC Ltd. to operate a non-medical cannabis retail store on the property legally described as Lot A, Section 72, Esquimalt District, Plan VIP72210, PID No. 025111949 (#101 693 Hoffman Ave.), in accordance with Section 493 of the Local Government Act, subject to the following terms and conditions, and notwithstanding Sec. 3.02.02(5) of Zoning Bylaw No. 300:

1. Conditions

FORM AND CHARACTER

a) The applicant shall submit, prior to issuance of a business license or occupancy permit (whichever comes first), a site plan, elevation drawings, signage schedule, landscape plan and parking layout that meet the Development Permit requirements for the Commercial and/or Downtown Langford Development Permit areas and Sign Bylaw No. 1250, as determined by the Director of Planning;

b) Exterior walls shall be treated in a manner and colour that is consistent with other parts of the building which the business occupies. If the non-medical cannabis retail store occupies a stand-alone building, then the exterior of the building will exhibit colours from a muted, earth tone palette with contrasting accent colours for windows, trim and doors. Bold or vivid colours that are intended to be distinctive and eye-catching (eg: lime green or fire engine red) may be used on signage, but not on the building façade or trim to the satisfaction of the Director of Planning;

c) All windows shall be opaque, or constructed with spandrel panels behind. Windows and spandrels may not be embellished with any form of imagery;

d) Shipping containers may not be placed on property to which this permit is issued;

e) Security devices, such as window bars or roll shutters, shall be deployed on the inside of doors or windows so as to be unobtrusive and invisible from the street;

f) The applicant shall provide security measures associated with the premises from which the non-medical cannabis retail store will operate in accordance with the applicant’s proposal in response to the City of Langford Request for Proposal for the Retail Sales of Cannabis and Cannabis Related Products (RFP), as determined by the Chief Administrative Officer;

g) The applicant shall address issues of nuisance with respect to odours, smoke and noise relating to public use of cannabis and cannabis products in accordance with the applicant’s proposal in response to the RFP and the regulations, terms and conditions outlined in the Cannabis Control and Licencing Act of B.C.;

h) The applicant shall address impairment issues relating to public use of cannabis and cannabis products for non-medical purposes in accordance with the applicant’s proposal in response to the RFP and the regulations, terms and conditions outlined in the Cannabis Control and Licencing Act of B.C.;

i) The non-medical cannabis retail store must be a stand alone business;

j) The hours of operation of the non-medical cannabis retail store shall be limited to between the hours of 9am to 8pm daily;

k) The applicant shall provide educational initiatives and materials associated with the impacts and related social concerns of the non-medical use of cannabis and cannabis products in accordance with the applicant’s proposal in response to the RFP and as outlined in the Cannabis Retail Store Terms and Conditions, a handbook for the sale of non-medical cannabis in British Columbia;

l) The applicant shall conform to the regulations stipulated in the Cannabis Control and Licencing Act of British Columbia B.C. Reg.202/2018;

m) The Applicant shall ensure that the non-medical cannabis retail sale is in compliance with all applicable laws, including all City bylaws;

SITE LIGHTING

o) A site lighting plan shall be submitted prior to the issuance of a Building Permit and to the satisfaction of the Director of Engineering;

p) Site lighting shall: i. Be controlled in such a manner as to prevent any illumination of the night sky or the projection of light above a horizontal plane measured 90 degrees from vertical; ii. Not include Metal Halide type lighting; iii. Be designed to foster security, but not to shine onto adjoining lands or roads; iv. Entries should be illuminated and visible from the street. Security lighting should have armoured housings; and v. Vehicular and pedestrian access to the site shall be illuminated in a manner that facilitates visibility and entrance movements from the adjacent road.

SIGNAGE

q) All signage shall be subject to a subsequent Sign Development Permit application process and shall be constructed and placed in accordance with Langford Sign Bylaw No.1250 and to the satisfaction of the Director of Planning;

r) All signage shall be architecturally compatible with the style, composition, materials, colours, and details of the buildings within the development;

s) The location and size of signs shall be architecturally integrated with the overall design of the buildings;

t) As a condition of issuance of this permit, and notwithstanding what is permitted by Bylaw No. 1250, the business is limited to one sign only. This may be either affixed to the façade of the building or affixed to a window. This signage shall indicate the name of the business only, and shall not display company slogans, and may not employ any play on words with respect to cannabis or drug culture. This signage may be internally illuminated in accordance with City guidelines, but may not be animated in any way or have variable messaging;

u) Notwithstanding article (t), the business may have one illuminated sign which indicates that the business is open, provided that this signage is affixed to the interior of a door or window visible from the street, and does not exceed an area of 0.2m2 (2ft2);

v) Sandwich board type signs are prohibited;

LANDSCAPING

x) If required, a Landscaping plan should be provided prior to the issuance of a building permit and shall: i. Be provided with the objective of providing screening to protect the privacy of occupants of adjacent properties; ii. Be provided with the objective of providing an effective screen at the time of planting; iii. Use plant species which may be considered drought resistant; iv. Be irrigated by an automatic underground watering system;

y) Landscape and screening areas shall have a minimum width of 1.0 m (3.3 ft);

z) Landscaping/screening areas between parking areas and roads should be a minimum height of 1.2 m (4 ft) at time of planting;

aa) If the construction period is longer than eight (8) months, decorative hoarding shall be installed around the site to screen the construction site from public view to the satisfaction of the Director of Planning;

bb) A written estimate shall be submitted by a landscape architect, registered in British Columbia, for the installation of all hard and soft landscaping works illustrated on the approved landscape plan;

cc) The applicant shall provide, prior to issuance of a building permit, a written undertaking that the landscape architect has been retained to supervise the installation of the landscape work in accordance with the approved landscape plan and provide a final site inspection and report to the Director of Planning confirming substantial compliance with the approved landscape plan;

dd) The applicant shall provide, prior to issuance of a building permit, written authorization for the City of Langford or its agents to enter the premises and expend any or all of the deposit to complete the landscape works to the satisfaction of the Director of Planning in accordance with the submitted plans in the event that the landscape works are not completed within the one-year period following final building inspection. The authorization shall include provision that where works on a property create a hazard on surrounding lands, basic remedial works such as stabilization of hazardous trees will be undertaken on the affected lands at the owner's expense;

ee) The applicant shall provide, prior to issuance of a building permit, an undertaking to obtain a one-year warranty of the landscape works, from the landscape contractor. This warranty shall be transferable to subsequent owners of the property within the warranty period, and that the warranty will include provision for a further one-year warranty on materials planted to replace failed plant materials;

ff) The applicant shall provide, prior to issuance of a building permit, an undertaking that if the property is offered for sale before the landscape works are completed in accordance with the approved landscape plans, all prospective purchasers will be advised of the landscape requirements of the City of Langford in connection with the property;

gg) The landscape deposit or a portion of the deposit shall be returned upon receipt of a signed statement of partial or substantial completion from the landscape architect approved by the City of Langford's Director of Planning. Partial completion may be considered when a major portion of the site is developed in all respects;

FENCING

hh) Solid fencing that is a minimum 1.8m (6.0 ft) in height and of a type satisfactory to the Director of Planning shall be installed along any property boundary that directly abuts a residential use;

ii) Chain link, razor-wire, barb-wire or other sharp fencing construction is not permitted;

PARKING

jj) Small car parking spaces must be clearly marked “small car use only” as per Section 4.01.04 of Zoning Bylaw No. 300; and

kk) Vehicle parking should be screened from public view and curbed to protect pedestrian paths, building and landscaped areas;

STORMWATER MANAGEMENT

ll) A stormwater management plan, if required, shall be provided, to the satisfaction of the Director of Engineering, prior to issuance of a building permit;

mm) Due regard shall be given to maintaining the normal drainage system of the subject property, and regulating both the quality and quantity of storm water run-off from the site, with the expressed objectives of: i. Not increasing the volume of stormwater discharge from the site; ii. Not increasing the sediment loadings of stormwater discharge from the site; iii. Preventing potential spills of hazardous materials, oils and other contaminants into the stormwater discharge from the site; and iv. Stormceptors™ or equivalent approved equipment shall be incorporated to remove oil wastes and sediments from storm water.

GENERAL

nn) All soil removal and deposit works and blasting works shall be approved by the Engineering Department, as required by Bylaw Nos. 181 and 1000, before commencing work. This permit does not imply any approval of such works;

oo) All road frontage improvements, use of road rights-of-way, off-site works and services shall be approved by the Engineering Department before commencing work. This permit does not imply any approval of such works;

pp) On-site services are not to be installed in advance of obtaining the necessary permits from the Building and Engineering Departments;

qq) Full frontage improvements shall be provided in accordance with Bylaw No. 1000, and to the satisfaction of the Director of Engineering; and

rr) The non-medical cannabis retail store shall be operated by Clarity Cannabis BC Ltd.

If a previous Development Permit has been issued with respect to Form and Character and no new buildings or exterior renovations are being proposed some of these conditions may be waived.

2. Bonding

Prior to the issuance of a Building Permit, the applicant must deposit the following security under Section 502 of the Local Government Act:

a) A landscape security deposit in the amount of 100% of the estimated cost of providing all hard and soft landscaping; and

b) An engineering security deposit to the satisfaction of the Director of Engineering for works that may include frontage improvements and roadway damage deposit pursuant to City bylaws.

3. Expiry

That the Temporary Use Permit be issued for a period of 36 months and will expire on Saturday, March 5, 2022.

Authorized Resolution passed by the Council of the City of Langford on Monday, March 4, 2019.

Permit issued on Tuesday, March 5, 2019.

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Braden Hutchins, Director of Corporate Services