MAR2019-00001 NOTICE OF TYPE I DECISION
1111
MARIJUANA FACILITY PERMIT MAR2019-00001
KALEAFA
120 DAYS = May 15, 2019
SECTION I. APPLICATION SUMMARY
FILE NAME: KALEAFA
CASE NO.: Marijuana Facility Permit(MAR) MAR2019-00001
PROPOSAL: The applicant is proposing a new sales-oriented retail marijuana facility inside an
existing tenant space at 11540 SW Pacific Highway. The space is approximately
1,275 square feet in size,and was previously occupied by a sales-oriented retail use.
APPLICANT: Kaleafa
Attn:Gordon Goulet
11540 SW Pacific Highway
Tigard,OR 97223
OWNER: Hi Hat,Inc.
Attn:Janet Dowty
2720 SW 28th Drive
Portland,OR 97219
LOCATION: 11540 SW Pacific Highway
WCTM 1S136DA,Tax Lot 800
ZONING
DESIGNATION: C-G: General Commercial Zone. The C-G zone is designed to accommodate a
full range of retail, office, and civic uses with a citywide and even regional trade
area. Except where nonconforming, residential uses are limited to single-family
residences that are located on the same site as a permitted use. A wide range of
uses, including but not limited to adult entertainment, automotive equipment
repair and storage, mini-warehouses, utilities, heliports, medical centers, major
event entertainment,and gasoline stations,are permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.430.040
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request, subject to certain conditions of approval. The findings and conclusions
on which the decision is based are noted in Section IV.
MAR2019-00001 Kaleafa 1
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS MUST BE SATISFIED:
Unless noted otherwise, the staff contact shall be Lina Smith,Assistant Planner; (503) 718-2438 or
LinaCS(a,tigard-or.gov.
1. Prior to occupancy, the applicant must submit documentation of approval from the State of
Oregon Recreational Marijuana Program.
2. Prior to occupancy,the applicant must submit a site plan and a photometric drawing.These plans
must clearly illustrate how proposed security lighting will meet the standard outlined in CDC
18.430.040.G.
THIS APPROVAL IS VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 11540 SW Pacific Highway;on the southeast side of SW Pacific Highway,west
of SW 68th Parkway, and east of SW 72nd Avenue. The 0.58-acre site is made up of one (1) tax lot, and
contains an existing commercial building with two (2) tenant spaces (11536 and 11540 SW Pacific
Highway) and a drive-thru coffee stand that is currently occupied by Black Rock Coffee (11538 SW
Pacific Highway).City records show the subject tenant space was previously occupied by a sales-oriented
retail use.The property is zoned General Commercial (C-G).
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.430 Marijuana Facilities:
18.430.040 Development Standards
A. The proposed development complies with all applicable state requirements and requirements
of this title.
The proposed development complies or can be made to comply with all applicable state requirements and
requirements of this Title, as demonstrated by the analysis contained within this decision, and through the
imposition of conditions of approval. All necessary conditions must be satisfied prior to occupancy. This
standard is met.
B. The proposed development meets all of the following site location restrictions. All distances
shall be measured at the closest property lines between the proposed site and nearest lot or
parcel containing the specified use or characteristic.
1. Marijuana facilities are prohibited within the MU-CBD zone.
The proposed marijuana facility is not located within the MU-CBD zone;it is located within the C-G zone.
This standard is met.
2. The proposed development is not within 1,000 feet of a public or private elementary
school,secondary school,or career school attended primarily by minors.
Staff reviewed city maps to confirm that the proposed marijuana facility is not located within 1,000 feet of a
MAR2D19-00001 Kaleafa 2
public or private elementary school, secondary school, or career school attended primarily by minors. This
standard is met.
3. Sale-oriented retail and wholesale sales uses open to the public shall be subject to the
following restrictions:
a. Shall be located on a lot or parcel with frontage along Pacific Highway(Oregon
Route 99W);
This proposal is for a sales-oriented retail marijuana facility. The subject property is located at 11540 SW
Pacific Highway (WCTM 1S136DA,Tax Lot 800),which has more than 100 feet of direct frontage along
SW Pacific Highway(Oregon Route 99W).This standard is met.
b. Shall not be located within 1,000 feet of another state-licensed retail or wholesale
marijuana facility within or outside of city limits;and
Staff reviewed city maps to confirm the proposed facility is not located within 1,000 feet of another state-
licensed retail or wholesale marijuana facility within or outside of city limits.This standard is met.
c. Shall not be located within 500 feet of a public library or Tigard parks and
recreation zone.
Staff reviewed city maps to confirm the proposed facility is not located within 500 feet of a public library or
the Parks and Recreation(PR)zone.This standard is met.
4. Non-retail uses and wholesale sales uses not open to the public shall not be located
within 500 feet of one or more of the following zones or facilities:
a. Residential zone;
b. Parks and recreation zone;
c. Public library.
The proposed marijuana facility is for sales-oriented retail;therefore,these standards do not apply.
D. Hours of commercial operation shall be limited to the hours between 7:00 am and 10:00 pm.
General industrial uses with no on-site retail activity are exempt from this restriction.
The applicant's narrative states the proposed marijuana facility's hours of commercial operation will be
limited to the hours between 7:00 a.m. and 10:00 p.m.This standard is met.
E. Primary entrances shall be clearly visible from Pacific Highway(Oregon Route 99W).
Staff reviewed the applicant's materials and photographs of the site to confirm that the primary entrance to
this proposed marijuana facility is clearly visible from SW Pacific Highway (Oregon Route 99W). This
standard is met. •
F. The proposed development shall be located inside a permanent building and may not be
located within a trailer, shipping container, cargo container, tent, or motor vehicle. Outdoor
storage of merchandise,plants,or other materials is not allowed.
Staff reviewed the applicant's materials and photographs of the site to confirm the proposed marijuana
facility is located inside a permanent building. Additionally, the applicant's narrative states there will be no
outdoor storage of merchandise,plants,or other materials.This standard is met.
MAR2019-00001 Kaleafa 3
G. Parking lots, primary entrances, and exterior walkways shall be illuminated with downward
facing security lighting to provide after-dark visibility to employees and patrons. Fixtures shall
be located so that light patterns overlap at a height of 7 feet with a minimum illumination level
of 1.0 footcandles at the darkest spot on the ground surface.
The applicant's materials do not address security lighting. Accordingly, staff has included a condition of
approval that requires the applicant to submit a site plan and photometric drawing prior to occupancy.These
plans shall clearly illustrate how proposed security lighting will meet the standard outlined above. As
conditioned,this standard is met.
H. Drive-through marijuana facilities are prohibited.
The applicant is not proposing a drive-through marijuana facility; this proposal is for a sales-oriented retail
marijuana facility within a permanent building.Therefore,this standard is met.
I. The proposed development shall confine all marijuana odors and other objectionable odors to
levels undetectable at the property line.
The applicant's narrative states that all marijuana odors and other objectionable odors will be limited to levels
undetectable at the property line.This standard is met.
J. Marijuana or marijuana products shall not be visible from the exterior of the building or
structure. (Ord.17-22§2) ■
The applicant's narrative states that marijuana or marijuana products will not be visible from the exterior of
the building or structure.This standard is met.
CONCLUSION: This proposal is for a sales-oriented retail marijuana facility, and complies or can
be made to comply with all applicable state requirements and requirements of this
Title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was provided to:
X The applicant and owner
Final Decision:
A Marijuana Facility Permit is a Type I procedure. As such, this decision is final for purposes of appeal
on the date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is
not appealable locally,and is the final decision of the City.
LEH— THIS DECISION IS FINAL ON JANUARY 17, 2019,
AND BECOMES EFFECTIVE ON JANUARY 18, 2019.
MAR2019-00001 Kaleafa 1
RECEIVED ",
JAN 10 2019
CITY OF TiGARD 3a ^' - — s
Acci
Floor plan for "Tigard Kaleafa" 7 ,—
P 9 ,
ill
'
' Black Rock Coffee Bar
11540 SW Pacific Highway, I l ` 1 tl ."
I
Tigard, OR 97223 , ( `�
i
(Licensed Premises is North
Partition of Building) i
I.
Fh �� j
• 1 z V 4111
y
�yAew raon lte R•r� r i M
AP
i I !
CITY OF TIGARD r
Approved y P annin � / " �
Date: — i i }
Initials: y �- �: '`
lUlbvk7?o oving Q '1".0 . • \\ iA
storageof Sw Portia d , --
pr� ..
1. r ` •r r
ii . fe," .
20ft
� 'a a
Draft Site Plan v2
4 "
1/9/2019 % ' t;+'
TAX Lot: 1S136DA00800 / j me ; ili
4 at
RECEIVED
City of Tigard JAN 10 2019
11114
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF TIGARD
•
TIGARD
Marijuana Facility Permit — TypeP '" ppliication
PROPOSAL SUMMARY (Brief description)
REQUIRED SUBMITTAL
Kaleafa (WSW Investments,LLC) and Bo&Lia Holdings,LLC ELEMENTS
are planning to open a OLCC retail cannabis dispensary on the site Owner's Signature/Written
of the now closed Affordable Granite. Located on 99w,inside the Authorization
Tigard Triangle,the site meets all local and state laws for cannabis XTitle Transfer Instrument or Deed
sales. Kaleafa will be responsible for day to day management of said 'ASite Plan(3 large plans drawn to scale
store. Bo &Lia Holdings,LLC is the acting landlord of site. and one reduced to 8.5"x11'/a")
Property a ressocation dd /ls : 11540 SW Pacific Highway, Tigard Applicant's Statement/Narrative
p ( ) �/, (3 copies)Address criteria in:
Oregon 97223 TDC 18.430.040
Tax map and tax lot #(s): 1S136DA00800 lit Filing Fee
Site size: 0.58 Acres Fon STAFF USE ONLY
rr Case No.: `✓I ��!g Vl C/1
Applicant.: I3von— (jc't�6/L Cie f-P Related Case No.(s):
Address: 16445 SW 109th Place --�2
Application Fee: T/
City/state: Tigard,Oregon zip: 97224
Application accepted:
Phone: Email:'1£8i'filsienpdaam By: Date: l0
`/37`1 A--
Application determined complete:
PROPERTY OWNER/DEED HOLDER(S)* ❑ Same as Applicant /
Name: Janet Dowty By: Date: ///0 I
Address: 2720 SW 28th Drive I:\communityDevelopment\IanduseApplicarions\02jonna
and Templates Use Applications Rev.12/74/1A77
City/state: Portland, Oregon Zip: 97219
Contact name: Janet Dowty
Phone number: 503-970-4078
When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this application
in the space provided on the back of this form or submit a written authorization with this application.
APPLICANT'S STATEMENT
The applicant's statement must include a summary of the proposed changes. Criteria in either 18.430.040 must be
addressed with a detailed response to each criterion. Failure to provide the information needed to process the application
would be reason to consider an application incomplete and delay review of the proposal.
In addition,the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of
the Tigard Development Code.To complete this review,the Applicant's proposal must include a discussion indicating how the
site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards.
Other requirements of this title such as clear vision,solid waste storage,non-conforming situations,signs,and tree removal
may also be applicable depending on the type and location of the proposed modifications.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2
APPLICANTS
To consider an application complete,you will need to submit ALL of the REOUIRED SUBMITTAL ELEMENTS
as described on the front of this application in the"Required Submittal Elements"box.
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property.
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property required.
cjc9" Bo Kwon 01/09/2019
Applicant's signature Print name Date
� Janet Dowry 01/09/2019
wner's signature Print name Date
Owner's signature Print name Date
ADDITIONAL OWNER/DEED HOLDER INFORMATION
Name: Name:
Address: Address:
City/state: Zip: City/state: Zip:
Signature: Signature:
MARIJUANA FACILITY PERMIT APPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2
.....---
RECEIVED
rip City of Tigard
iCOMMUNITY DEVELOPMENT DEPARTMENT JAN 10 2019
' Marijuana Facility Permit — Type I ', i ►lica'
TIGARD
PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL
a +Peer ELEMENTS
f7 /4)(D .SLR e/ - i � ,y /�J Owner's Signature/written
Gb7ti n.F Nz iy O4f. Authorization
■ ttk Transfer Instrument or Deed
•tc plan(3 large plans drawn to scale
one reduced to 4.5•a111/2')
Property address/location(s): //PO 5/ P/tleyt.c, 1.� ()ppiicanrs Statement/Narrative
(3 copies)Address criteria in:
T1 n / ,eQ TDC 18.430.040
Tax map and tax lot #(s): 0 Filing Fee y 2 t
Site size: - Hilt It r 1 \I I I S I. u\I.1 am..-
/� Case No.:
Applicant': 8D iu�v Case Nd .: No.(a):
Address: /6`��f/14"F ��� RelatA application Fee:
City/state: fiytO r At Zip: _/7 Application accepted:
Phone:9?_g47,o5y Email• /O/ fG-0/4/ l(-& ai l•can BY: Date:
Application determined complete•.
PROPERTY OWNER/DEED HOLDER(S)• 0 Same as Applicant
Name: lifrr,/ ?ov, By Date:
Address: Z 120 � t:\ �,�* \t�eu ,�,,o>��,
_coL r
end
d Taopl.m\Lnd Use Apphmro o R. ivll/mt7
City/state: -d,c h44r Zip:
Contact name: 7,11-yz.4 pat
Phone number: 9.3 - A — 4 D1'$
•When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this application
in the space provided on the back of this form or submit a written authorization with this application.
APPLICANT'S STATEMENT
The applicant's statement must include a sttmmaty of the proposed changes.Criteria in either 18.430.040 must be
addressed with a detailed response to each unction. Failure to provide the information needed to process the application
would be reason to consider an application incomplete and delay review of the propose"
In addition,the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of
the Tigard Development Code.To complete this review,the Applicant's proposal must include a discussion indicating how the
site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards.
Other requirements of this title such as dear vision,solid waste storage,non-conforming situations,signs,and tree removal
may also be applicable depending on the type and location of the proposed modifications.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-otgov • 503-718-2421 • Page I of 2
Scanned with CamScanner
APPLICANTS
To consi application complete,you will need to submit ALL of the E QITIRED SUBMITTAL ELEMENTS
as described on the front of this application in the"Required Submittal Elements"box.
j APPLICANT(S)SHALL CERTIFY THAT:
• above request does not violate any deed restrictions that may be attached to nr i osed inn the p •
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval
• All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the
requirements for approving or denying the application.
SIGNA o owner of the subject property required. ,,,�//
/ 8o /�Gflrt/ S/10//8
s Print name Date
cYanei-Dow4 ' s- << -(g
- tare Print name Date
Owner's signature Print name Date
ADDITIONAL OWNER/DEED HOLDER INFORMATION
Name: ` .bpi o� Name:
1 Address: 3-f) Address:
City/statm . 1 Zip: City/state: Zip:
Signature: ( Signature:
MARIJUANA FACILITY PERMIT APPLICATION
Scanned with CamScanner
/�''? Fidelity National Title Company of Oregon
�n`n
900 SW Fifth Avenue • Portland, OR 97204
(503) 222-2424 • FAX (5031 227-2274
PRELIMINARY REPORT
ESCROW OFFICER: Pamela J. Kinkead, CEO ORDER NO.: 10-15841-28- A
TITLE OFFICER: Terry Lucas Amended
TO: Real Estate Investment Group ATTN: Mike Diamond RECEIVED
2839 SW 2nd Avenue
Portland, OR 97201 JAM 10 2019
CITY OF TIGARD
OWNER/SELLER: Hi Hat, Inc. PLANNINGiENGINEERING
BUYER/BORROWER: to come
PROPERTY ADDRESS: 11530 SW Pacific Highway (Hi Hat Restaurant), Portland, OR
97223
EFFECTIVE DATE: May 6, 1999, 05:00 P.M.
1 . The policy and endorsements to be issued and the related charges are:
AMOUNT PREMIUM
Government Service Charge 35.00
2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A Fee
3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
SEE EXHIBIT "TWO" ATTACHED HERETO AND MADE A PART HEREOF
4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED, IN THE CITY OF TIGARD,
IN THE COUNTY OF WASHINGTON, STATE OF OREGON, AND IS DESCRIBED AS
FOLLOWS:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
JJ\JJ 05/17/99
1
Order No. 1 0-1 5841-28
EXHIBIT "ONE"
PARCEL I
A parcel of land lying in Section 36, Township 1 South, Range 1 West of the Willamette
Meridian, in the City of Tigard, Washington County, Oregon, described as follows:
Beginning at a point on the West line of the Northeast quarter of the Southeast quarter of said
Section 36, Township 1 South, Range 1 West of the Willamette Meridian, which point is
2094.5 feet North of the Southwest corner of the Northeast quarter of the Southeast quarter
of said section; thence East 95.2 feet; thence North 435 feet, more or less, to the county
road known as the West Side Pacific Highway; thence South 53°12' WEst along said road
to the West line of the East one-half of the East one-half os section 36. Township 1 South,
Range 1 West of the Willamette Meridian; thence South to the point of beginning.
PARCEL II
A tract of land lying in Section 36, Township 1 South, Range 1 West of the Willamette
Meridian, in the City of Tigard, Washington County,Oregon, described as follows:
Beginning at a point in the West line of the Northeast quarter of the Southeast quarter of said
Section 36, Township 1 South, Range 1 West of the Willamette Meridian, which point if
659.05 feet North of the Southwest corner of said Northeast quarter of the Southeast quarter;
thence North on the said West line 475 feet; thence East 95.2 feet; thence North 435 feet,
more or less, to the County Road (known as West Side Pacific Highway); thence North
53°12' East along said road 80 feet, more or less, to the West line of 20-foot roadway
hereto-fore conveyed to Fred Drucker; thence South along the West line of said right of way
and the West line of the Drucker tract, 965 feet, more or less, to a point due East of the place
of beginning; thence West 159.2 feet to the place of beginning.
PARCEL III
Beginning at the most Northerly corner of Lot 1, FRUITLAND ACRES, in the City of Tigard,
Washington County, Oregon; thence South 49°32' West along the northerly line of Lots 1
and 2 in said Fruitland Acres 150.00 feet; thence South 31 °28'East 218.61 feet to the East
line of Lot 1 in said plat; thence North along the East line of said Lot 1, 283.82 feet to the
point of beginning;
ALSO beginning at the most Northerly corner of Lot 1, Fruitland Acres; thence South 49°32'
West along the Northerly lines of Lots 1 and 2 in said Fruitland Acres 150.00 feet to the most
Westerly corner of the tract conveyed to Philip J. Mistier, et ux, by Deed recorded in Book
358, page 253, and the true place of beginning; thence South 49°32' West along the
Northerly line of said Lot 2 to a point which is 30 feet distant when measured at right angles
to the Southwesterly line of said Mistier tract; thence running South 31 °28'East parallel with
and 30 feet distant from the Southwesterly line of said Mistier tract to a point on the East line
of said Lot 1; thence North on the East line of said Lot 1 to the most Southerly corner of said
Mistier tract; thence North 31 °28' West on the Southwesterly line of said Mistier tract
21 8.61 feet to the place of beginning;
TOGETHER WITH that portion lying within the right of way boundaries of Pacific Highway,
State Highway 99W,that passed to the abutting property owner, by Abandonment Resolution
recorded May 16, 1996 as Fee No. 96043545;
EXCEPTING THEREFROM that portion included in the Quitclaim Deed from High Hat
Restaurants, Inc. to Thomas J. and Laurie F. Reid, recorded January 5, 1981, as Fee No.
3
Order No. 1 0-1 5841-28
81000204.
n]j�n
Fidelity National Title Company of Oregon N
W E
Map # 1S136DA S
The sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes no liability for
variations,if any,in dimensions and location ascertained by actual survey.
`.0t _
sk,
/ NEI/4SEI/4 SECTION 36 TIS
d,, r 1
�,•a 1 WASHINGTON COUNTY OREGON
r
Ic l SCALE f'=I0O'
•t....CI. 4' • 600 rIj
1 t1 °4
`:•, 4-- 700 to�'r� .` SEE MAP
C • owAe
,t . 46 r , 1.,..rs I xao
w Ow
AV
`1 I� •Y��Mti u.[,i., a./.� V, 1..
_� r 900 • rw
tax ( !-ee Ar + (, ..e 200
jz Tf1„.,, ' 2400 .8 '1' 1,
2529
..Ilk
I 2.Oi�
e••�� I \ - /934
� 1- A
GAF t •.1• I I •
QP 1000 .• Ilu.allya I J• '
A 'r
sl.. I , I • \l�l
•
I4. Iplc a
I
z.
C 11,02. P. -JI_
E- .1<: I Z 1 I '.
i. I I i I t r r 4,_
r
•
:} nAc DOI l I 2 1 r?
• a . I 1 1 .a
r not r.
a I _I ; ! 1 f�i's
I ..,- .
g rzoO I .� ° _ a I I I r' ��
:O/24. I ` r 1 / /
.4.4 1
m •• 1lAr. I M I I 1 3. /O M9
I 1 +
T13022 �_ I - I I ' ' 0 EAs_. 72z, 5�y
S• l94 I 1 1 I t /
w - Ira,.l F 1 'J 1 71 L1 A Ni ll ;L____2i+t_IK'RiS - __K ,..
. Z I I 2300 vy 8I $
w, I I I 17,540
.a. 1
Q
902
r.9.Ar 7
.. _ _ — -- —!�'a— — — — — — — /
.n.n— 7
6
v 7 - — asOt
A C 9 s � , a ,)9Ar
_Nt_---- T — •T,..ro — — — — —
1 10
.nu f
RECEIVED
MAIM JAN 10 2019
REAL ESTATE
[INVESTMENT CITY OF T!GARD
GROUP PLANNING/ENGINEERING
,May 25,2018 r n.Madr rags
Bo Kwon
Bo and Lia Holdings,LLC
Tenants Response May 24,2018 Deleted:L,.eww aapome uurmit
Re:Letter of Intent for Bo Kwon at Pacific Hwy Retail Building
Dear Mike,
Thank you for meeting us at the Pacific Hwy Retail space.Bo is interested in leasing this
building with the purpose of having both a dispensary in the Front building and having his Koi
Fusion cart and other food carts in the parking lot.Bo plans to turn the remaining part of the
building into a seating hall for those frequenting the carts. The tenant is prepared to move
forward with a lease agreement based on the following terms and conditions:
Tenant: Bo and Lia Holdings,LLC
Lease Term: Initial lease term shall be for 7 years with 1-five-year option.
Square Footage: Approximately 3,000 square feet.
Use: The space shall be utilized as both a marijuana dispensary and food
cart and seating hall. Landlord agrees to allow food carts to
permanently reside in the parking lot.
Food Carts: The tenant will be allowed to have four (4),food carts on the Dry as
premise,based on a mutually acceptable site plan.Any additional
carts added to the site, the rent for the additional carts exceeding
the four cart maximum. the rental cost to the cart will be shared
50/50 with the landlord.Additional carts may be allowed subject
to Landlords approval&lll sublease must be approved by the I mamma,ma ma.Tw.dpmrs.
landlord.In addition,tenant agrees not have a cart that sells coffee.
Rent Schedule: Months 1 through 3 base rent to be $,15.50 per square foot -I Dwte&24
it
modified gross rent. Dr.ne&!Aso
Months 13-120 base rent will increase 3%per year j Deleted:25
Dom:9
Renewal Options Ane(1)Five(5)year renewal option.Rent for the renewal period I Deleted:
shall be the then fair market rent as determined under the terms of
the lease. . , Deleted: ...iil i
2839 SOUTHWEST SECOND AVENUE* PORTLAND,OREGON 97201 • PHONE 503-222-1655 *FAx 503-274-6510
i,'_
REAL ESTATE
INVESTMENT
GROUP
Services: Tenant to pay all utilities and trash services associated with the
building.
Landlord's Work Landlord will deliver the space in the following condition:
Odeted:taedked will provide theme led ispmemeela 1
subject b LaedNeda approval of deal cast
• Clean up the exterior landscaping,remove the planting pelf:<-'Landlord la repnir.nd improae the current
pots,provide a grate in the parking lot,fill all pot holes and i'a1Oem•'d bong it co ADA standard per code. - [al7
weed the premises.
• Strip the parking lot
• Landlord to provide required electrical box in the parking
lot to service the carts.Location of electrical box to be
mutually agreed upon by tenant and Landlord.
r Deleted:<#>Piovidc a new d.mising wall with ekemc.l outlet
Lease Commencement: Thirty(301 days following lease execution.Landlord and Tenant fin wa wa,ebmne and board up the merle,door oast to Ilse wage
to perform their work simultaneously on the site during the thirty
days (dOOO
Deleted:Nieety(90)
111 Deleted:the due landlord delivers po.anum of the Pm-misers to
Torn or the day Terry opens for Nieise n.wbi.boa.u fim m
Signage: Tenant shall be afforded the maximum signage outside their space, L omit
per the city code and project sign criteria.
Prepayment of rent: Tenant shall pay to Landlord upon the execution of a lease an
amount equal to the first full month's rent.
Security Deposit: Per review and acceptance of Tenants financials,Tenant shall pay
to Landlord upon the execution of a lease a security deposit equal
to the last months rent,which shall be refundable under the terms
of the lease.
Utilities: Tenant shall pay for all utilities for the Premises,which shall be
separately metered.
Agency Disclosure: Landlord and Tenant each warrant that they have dealt with no
other real estate broker in connection with this transaction except:
Michelle D. Rozakis and Nicholas Diamond with Real Estate
Investment Group who exclusively represents the Tenant and
Michael Diamond with Real Estate Investment Group who
represents the Landlord. Brokerage fees will be paid per a separate
agreement.
Confidentiality: The terms of this letter shall be strictly confidential and neither
party shall disclose or divulge to any third party,except for each
party's lenders,attorneys,brokers and financial advisors.
2839 SOUTHWEST SEcoND AVENUE • PORTLAND,OREGON 97201 * PHONE 503-222-1655 • FAX 503-274-6510
REAL ESTATE
INVESTMENT
GROUP
Caveat: This letter is not intended to be binding on the parties and no
formal agreement shall exist until both Landlord and Tenant have
executed a definitive lease agreement.
If the terms offered above arc agreeable to you,please indicate your acceptance by signing in the
space provided below and retuning to my attention.Should you have any questions I can be
reached at 503-222-1195.
4
Sincerely,
Michelle D.Rozakis
Real Estate Investment Group
Landlor •
By:
Its:
Date /1•14V- /3 1'614
Tenant
Date 11I' €r4
2839 SOUTHWEST SECOND AvENuE• PORTLAND,OREGON 97201 *PHONE 503-222-1655 *FAX 503-274-6510
••
•
RECEIVED
JAN 10 2019
COMMERCIAL LEASE CITY OF T':BARD
RLANNINC;'ENCINEERING
This Commercial Lease ("Lease") is between Kaleafa , ("Landlord") and Bo and Lia Holdings, LLC an
Oregon limited liability company, ("Tenant").
AGREEMENT
SECTION 1 LEASED PREMISES
Landlord hereby leases to Tenant, upon the terms and conditions herein, space in the
building at 11540 SW Pacific Hwy,Tigard,Washington County,Oregon (herein "Leased
Premises"). The space is currently approximately 1,500 SF.
SECTION 2 OCCUPANCY
2.1 Term. The term of this Lease will begin September 1st 2018 and run for Seventy-Two
(72) months.
2.2 Use. An OLCC Licensed Marijuana Dispensary.
2.3 Access by Landlord. Landlord may not access the leased premises without Tenant being
present (in other words, no at-will access to the Leased Premises for Landlord). When
Landlord does access the Lease Premises in the presence of the Tenant, Landlord must
wear a name tag when accessing non-public areas.
SECTION 3 RENT
Full Rent shall commence upon Tenant opening for business to the public. Upon Opening
Tenant will pay Landlord monthly rent of$5000F for the first year of the lease. On the first
anniversary of the rent commencement, and each anniversary thereafter, monthly rent shall
increase Three (3%) percent. Rent shall be due on the 1st of each month. Tenant shall pay half
rent while it pursues an OLCC license.
SECTION 4 SECURITY DEPOSIT
Tenant will pay Landlord a security deposit of$10,000 of which is non-refundable.
SECTION 5 TAXES, OPERATING EXPENSES,AND INSURANCE
5.1 Taxes. Tenant is responsible for its pro-rata share of property taxes for the Lease
Premises.
5.2 Utilities.Tenant is responsible for the utilities for the Leased Premises
5.3 Insurance. Landlord will obtain and maintain property insurance for the Leased
Premises against fire and other risks covered by a standard insurance policy for the
replacement cost of the Leased Premises.
5.4 Liability Insurance. Tenant agrees at all times during the term hereof, at Tenant's own
expense to maintain, keep in effect,furnish, and deliver to Landlord liability insurance
policies in a form and with an insurer satisfactory to Landlord, insuring both Landlord
and Tenant against all liability for damages to person or property in or about the Leased
Premises;the amount of said liability insurance will not be less than FIVE HUNDRED
THOUSAND AND NO/100 DOLLARS($500,000.00)for injury to one (1) person, One
Million and no/100 Dollars ($1,000,000)for injuries arising out of any one (1) accident
and not less than one hundred thousand and no/100 dollars ($100,000.00)for property
damage.
SECTION 6 CONDITION OF LEASED PREMISES
Landlord to deliver the space in a mutually acceptable "turn-key" condition, at its own
costs, which shall not exceed $150,000. After delivery Tenant may make such
modification to the Leases Premises as Tenant determines are necessary for to conduct
its business. If the build out costs exceed 150,000, anything above that amount will be
split 50/50 by the landlord and tenant. Also, any site development costs not related to
the construction of a marijuana adult use retail store will be 100%the landlords
responsibility.
SECTION 7 EXPENSES
Except as otherwise provided in this Lease, each party will bear the party's own fees,
costs, and expenses incurred in connection with the Lease of the Leased Premises,
including but not limited to the preparation, negotiation, signing, and performance of
this Lease and the other agreements and documents relating to the Lease of the Leased
Premises.
SECTION 8 OPTION TERMS
Tenant shall have the option to extend the term of this. In order to exercise the option,
Tenant must give notice of Tenant's intention to do so no later than 30 days before the
expiration of the original term or option term then in existence, as the case may be. All
other terms of this Lease shall remain in full force and effect for the option term.
SECTION 9 GENERAL
9.1 Time is of the Essence. Time is of the essence with respect to all dates and time
periods in this Lease.
9.2 Binding Effect. This Lease will be binding on the parties and their
respective heirs, personal representatives, successors, and permitted assigns,
and will inure to their benefit.
9.3 Amendments. This Lease may be amended only by a written document signed
by the party against whom enforcement is sought.
9.4 Notices.All notices or other communications required or permitted by this
lease;
(a) must be in writing;
policies in a form and with an insurer satisfactory to Landlord, insuring both Landlord
and Tenant against all liability for damages to person or property in or about the Leased
Premises;the amount of said liability insurance will not be less than FIVE HUNDRED
THOUSAND AND NO/100 DOLLARS($500,000.00)for injury to one (1) person, One
Million and no/100 Dollars($1,000,000)for injuries arising out of any one (1) accident
and not less than one hundred thousand and no/100 dollars($100,000.00)for property
damage.
SECTION 6 CONDITION OF LEASED PREMISES
Landlord to deliver the space in a mutually acceptable "turn-key"condition, at its own
costs,which shall not exceed $150,000. After delivery Tenant may make such
modification to the Leases Premises as Tenant determines are necessary for to conduct
its business. If the build out costs exceed 150,000, anything above that amount will be
split 50/50 by the landlord and tenant. Also,any site development costs not related to
the construction of a marijuana adult use retail store will be 100%the landlords
responsibility.
SECTION 7 EXPENSES
Except as otherwise provided in this Lease, each party will bear the party's own fees,
costs, and expenses incurred in connection with the Lease of the Leased Premises,
including but not limited to the preparation, negotiation, signing, and performance of
this Lease and the other agreements and documents relating to the Lease of the Leased
Premises.
SECTION 8 OPTION TERMS
Tenant shall have the option to extend the term of this. In order to exercise the option,
Tenant must give notice of Tenant's intention to do so no later than 30 days before the
expiration of the original term or option term then in existence, as the case may be. All
other terms of this Lease shall remain in full force and effect for the option term.
SECTION 9 GENERAL
9.1 Time is of the Essence. Time is of the essence with respect to all dates and time
periods in this Lease.
9.2 Binding Effect. This Lease will be binding on the parties and their
respective heirs, personal representatives, successors, and permitted assigns,
and will inure to their benefit.
9.3 Amendments. This Lease may be amended only by a written document signed
by the party against whom enforcement is sought.
9.4 Notices.All notices or other communications required or permitted by this
lease;
(a) must be in writing;
(b) must be delivered to the parties at the addresses set forth below, or any
other address that a party may designate by notice to the other party; and
(c) are considered delivered;
(1) upon actual receipt if delivered personally, by fax, or by a nationally
recognized overnight delivery service; or
(2)at the end of the third business day after the date of deposit in the
United States mail, postage pre-paid, certified, return receipt requested.
To Landlord; To Tenant
Bo and Lia Holdings, LLC Kaleafa LLC
16445 SW 109th PL
Tigard, OR 97224
Attn: Pierrouz Yasavolian Attn:
9.5 Severability. If a provision of this Lease is determined to be unenforceable in
any respect,the enforceability of the provision in any other respect and of the
remaining provisions of this Lease will not be impaired.
9.6 Further Assurances.The parties will sign other documents and take other
actions reasonably necessary to further effect and evidence this Lease.
9.7 Termination. The termination of this Lease, regardless of how it occurs,will not
relieve a party of obligation that have accrued before the termination, except in
the event of early termination as described above.
9.8 Survival. All provisions of this Lease that would reasonably be expected to
survive the termination of this lease will do so.
9.9 Attachments. Any exhibit,schedules,and other attachments referenced in this
Lease are part of the Lease.
9.10 Remedies. The parties will have all remedies available to them at law or in
equity. All available remedies are cumulative and may be exercised singularly or
concurrently.
9.11 Governing Law.This Lease is governed by the laws of the State of Washington,
without giving effect to any conflict-of-law principle that would result in the
laws of any other jurisdiction governing this Lease.
9.12 Venue. Any action,suit,or proceeding arising out of the subject matter of this
Lease will be litigated in the Superior Court of the State of Washington for the
County of Grays Harbor. Each party consents and submits to the jurisdiction of
the Superior Court for the State of Washington for the County of Grays Harbor.
9.13 Attorney's Fees. If any arbitration,action, suit, or proceeding is instituted to
interpret, enforce,or rescind this Lease, or otherwise in connection with the
subject matter of this Lease, including but not limited to any proceeding
brought under the United States Bankruptcy Code, the prevailing party on a
claim will be entitled to recover with respect to the claim, in addition to any
other relief awarded,the prevailing party's reasonable attorney's fees and other
fees, costs, and expenses of every kind incurred in connection with the
arbitration, action, suit,or proceeding, any appeal or petition for review, the
collection of any award, or the enforcement of any order, as determined by the
arbitrator or court.
9.14 Entire Agreement. This Lease contains the entire understanding of the parties
regarding the subject matter of this Lease and supersedes all prior and
contemporaneous negotiations and agreements, whether written or oral,
between the parties with respect to the subject matter of this Lease.
9.15 Signatures. This Lease may be signed in counterparts.A fax transmission of a
signature page will be considered an original signature page. At the request of a
party, the other party will confirm a fax-transmitted signature page by
delivering an original signature page to the requesting party.
Dated effective: September 1st, 2018
Landlord:
Boaz Kwon
On behalf of Bo and Lia Holdings, LLC
Tenant:
(, Wtc(4.1. Manager
Kaleafa LLC, a Oregon Limited Liability Company
CONSENT OF MASTER LESSOR
Master Lessor hereby consents to this Sublease, conditioned on Sublessor's
agreement to the following:
a. Sublessor is not released from its obligations under the Lease in any
respect.
(b) must be delivered to the parties at the addresses set forth below, or any
other address that a party may designate by notice to the other party; and
(c) are considered delivered;
(1) upon actual receipt if delivered personally, by fax, or by a nationally
recognized overnight delivery service; or
(2) at the end of the third business day after the date of deposit in the
United States mail, postage pre-paid, certified, return receipt requested.
To Landlord; To Tenant
Bo and Lia Holdings, LLC Kaleafa LLC
16445 SW 109th PL
Tigard, OR 97224
Attn: Pierrouz Yasavolian Attn:
9.5 Severability. If a provision of this Lease is determined to be unenforceable in
any respect,the enforceability of the provision in any other respect and of the
remaining provisions of this Lease will not be impaired.
9.6 Further Assurances.The parties will sign other documents and take other
actions reasonably necessary to further effect and evidence this Lease.
9.7 Termination. The termination of this Lease, regardless of how it occurs, will not
relieve a party of obligation that have accrued before the termination,except in
the event of early termination as described above.
9.8 Survival. All provisions of this Lease that would reasonably be expected to
survive the termination of this lease will do so.
9.9 Attachments. Any exhibit, schedules, and other attachments referenced in this
Lease are part of the Lease.
9.10 Remedies. The parties will have all remedies available to them at law or in
equity. All available remedies are cumulative and may be exercised singularly or
concurrently.
9.11 Governing Law.This Lease is governed by the laws of the State of Washington,
without giving effect to any conflict-of-law principle that would result in the
laws of any other jurisdiction governing this Lease.
9.12 Venue. Any action, suit, or proceeding arising out of the subject matter of this
Lease will be litigated in the Superior Court of the State of Washington for the
County of Grays Harbor. Each party consents and submits to the jurisdiction of
the Superior Court for the State of Washington for the County of Grays Harbor.
is.
4,,,t. 7,777
RECEIVED
JAM102019
�,� CITY OF T6GARD
�G PLANNING/ENGINEERING
LANNING/ENGINEERI' Access to Money
r Lus:
T Bar B
7,./
9
Black Rock Coffee Bar
o n /
4.;:-\.tir_ t-// .
NVVC 4.1
W .bi\ , .affordable
mole 8 Quartz
Afar.-ble
,Granite - Qu z
8\ \j l'
��
U-Haul Moving& /CL/. ,
Storage of Sw Portland \ a v
ri
,! ,
/ x'
_
a '
f7 .
2
W
--4 / - .
,..
��\�v Access t�i MO Y�
wit
gm -
11,
� �a - Lu'sSpc
:< } i i h-- 1 Bar & L r7
/ ,Black Rock Coffee Bar I
ti
f7;ic ' ' ' L!
•
Al
kit � .
.
/a,� y r 4 ,
.. € ., s ij, p
`!J
�1�V111habi
• tt
Affordable '� ' •
11)111I
.4 Granite&Qua"''rtz , �•r. .7 _ - - .. �..
1 `` ir, ,' �..0� rw
it
till 61111 ' �' i`T
,scar ��rfiirlf
40'`:' u+ ,ovingt7., 0_,•-•;;.., ,f1 .1 , sirs '' ••
tora,'a of Sw Portland .. !t •''"
,...„,..*
„,/, .
I.
. „.‘„ 5„
. _
_ _1„.: ...„
... .
.._ __
:',/./4,i, ilicx ,
4. , .„ . ,_.,„ _ . ..
.0.. „ . ...... . ,
_,. ,, .
,.. r r
y \ -,.., , ... )
•
1.. . . 40'Ir. ‘ 0 ,, 1* 4.0, :
y I
Y
• • 1
RECEIVED
JAN 10 2019
Plan 5 cn-y cr 1 GARD Gus Goulet
gus@kaleafa.com
PLANNING/IL.NGINEERING 971.998.4874
Statistics
Area: 1275 sq ft
Living area: 132 sq ft
1 Floor
0 Office
0 Conf.room
Ground Floor
cl 317 3/4"
• -•
Valk (4-
Open Space
arca.
315.79 sq ft(191 3/4" x 317 3/4")
For cuyv 1 c.:41 c.e s
0,1-0 Li
Open Space
c'-' _•i7.04., sq ft(2511/2 x'51 3/4")
ffy\--rets^.Ca .i.t_______J
t- -- \.. : 1 6,-e\kf,e1
-,3
....._,.,
_r
,6- ,—,
C....u..31r•C\ez: ------ 11
1-3!' Open Space
862.32 sq ft(390 1/2" x 318")
..,
U
-1"
,/1
L2. Z1
_ crrseiucte_c.s 6,,,-) Li -
318'
0' 4' 8' 12' 1 6'
THIS FLOORP LAN IS PROVIDED WITHOUT WARRANTY OF ANY KIND.SENSOPIA DISCLAIMS ANY WARRANTY .... 1 1:107
INCLUDING,WITHOUT LIMITATION,SATISFACTORY QUALITY OR ACCURACY OF DIMENSIONS.
1
RECEIVED
Marijuana Facility Application Statement JAN 17 2019
11540 SW Pacific Highway,Tigard Oregon, 97223 CITY 0-TIG\;{p
PLANNINGj,=+,I INEERING
Bo and Lia Holdings, LLC&WSW Investments, LLC(DBA Kaleafa)
01.15.2019 (Version 2)
Bo& Lia Holdings, LLC and WSW Investments, LLC(DBA Kaleafa) are applying for a Cannabis
Facility Permit at 11540 SW Pacific Highway,Tigard Oregon,97223. We're excited to start the process
of state and city approval for this future Kaleafa Cannabis retail store. The state OLCC retail license
application is pending a signed LUCs from the City of Tigard and was submitted before the previous
deadline set by the OLCC. The current status of the site is an old automotive garage that more recently
was a flooring showcase store (Affordable Granite &Quartz.) Black Rock Coffee Bar operates on the far
corner of the lot independently from the proposed business. Bo & Lia Holdings, LLC has turned to
Kaleafa's expertise in the cannabis market. Kaleafa currently has 5 operational stores in the state of
Oregon. Kaleafa also holds a high standard of products and operational knowledge that makes them
stand out as one of top cannabis retail stores in the metropolitan area. Top objectives on this project
for all parties involved are security, compliance, and product storage safety at all hours. As per stated
on TDC 18.430, Kaleafa will apply with all facility requirements listed. Most follow current operation
standards put in place by Kaleafa management to meet city requirements at other operating locations.
No equipment or operations will affect neighboring business, No marijuana will be stored outside the
licensed premises, Entrance will be cleared visible and marked from 99w, Hours of operations will meet
state and local laws, Marijuana Product will not be visible from exterior of building, and Minors will not
be permitted inside licensed premise. (UPDATE: No outdoor storage of merchandise, plants,or other
materials at this marijuana facility. No marijuana odors and/or other objectionable odors will be
detectable at the property line for this marijuana facility
Thank you, (Kaleafa Management & Bo Kwon)
Marijuana Facility Application Statement
11540 SW Pacific Highway,Tigard Oregon, 97223
Bo and Lia Holdings, LLC&WSW Investments, LLC(DBA Kaleafa) RECEIVED
01.09.2019
JAN 10 2019
CITY OF TIGARD
PLANNING ENGINEERING
Bo& Lia Holdings, LLC and WSW Investments, LLC(DBA Kaleafa) are applying for a Cannabis
Facility Permit at 11540 SW Pacific Highway,Tigard Oregon, 97223. We're excited to start the process
of state and city approval for this future Kaleafa Cannabis retail store. The state OLCC retail license
application is pending a signed LUCs from the City of Tigard and was submitted before the previous
deadline set by the OLCC. The current status of the site is an old automotive garage that more recently
was a flooring showcase store (Affordable Granite &Quartz.) Black Rock Coffee Bar operates on the far
corner of the lot independently from the proposed business. Bo & Lia Holdings, LLC has turned to
Kaleafa's expertise in the cannabis market. Kaleafa currently has 5 operational stores in the state of
Oregon. Kaleafa also holds a high standard of products and operational knowledge that makes them
stand out as one of top cannabis retail stores in the metropolitan area. Top objectives on this project
for all parties involved are security, compliance, and product storage safety at all hours. As per stated
on TDC 18.430, Kaleafa will apply with all facility requirements listed. Most follow current operation
standards put in place by Kaleafa management to meet city requirements at other operating locations.
No equipment or operations will affect neighboring business, No marijuana will be stored outside the
licensed premises, Entrance will be cleared visible and marked from 99w, Hours of operations will meet
state and local laws, Marijuana Product will not be visible from exterior of building, and Minors will not
be permitted inside licensed premise.
Thank you, (Kaleafa Management& Bo Kwon)
ADDITIONAL
DOCUMENTS
0-41.—(E)POWER POLE
LIGHTING LEGEND: LIGHTING NOTES: r () GI
O _
NDICATES CEILINO MOVNT FIXTURE 1. ALL METAL ELECTRICAL BOXES TO BE INSTALLED.
�� A� "'MATES CEILING PENDANT FU(NRE 2. WPM METHODS ARE EMT B MC FOR ALL INTERIOR ELECTRICAL.
qP 3. ALL THHN Cu WIRE USED IN RACEWAYS FOR ALL INTERIOR WIRING. _
PEx® INDICATES RECESSSED CEILING LIGHT FIXTURE l PARKING LOTS,PRIMARY ENTRANCES.AND EXTERIOR WALKWAYS
MUST BE ILLUMINATED WITH DOWNWARD FACING SECURITY LIGHTING
1 r0 INDICATES ET TP PROVIDE AFTER.DARK VISEILRY TO EMPLOYEES AND PATRONS.
"'111 FIXTURES MUST BE LOCATED SO THAT LIGHT PATTERNS OVERLAP AT A
IXI% _FAA \_\G 6cFl INDICATES GROUND FAULT INTERRUPTED OUTLET HEIGHT OFT FEET WITH AMNMUM ILLUMINATION LEVEL OF IA
�V'H`O `_ FOOTCANDLEE AT THE DARKEST SPOT ON THE GROUND SURFACE. 1
`,,.10%NG\NE�� INDICATES WALL MOUNT LIGHT FIXTURE
P ` S. INDICATES 3 WAY LIGHT SWITCH
` �N`_ 1 6 INDICATES LIGHT SWITCH x"p 9on 9, Y yV®—(E)BUILDING SIGN
v• J0 INDICATES CEILING EXHAUST FAN,SOCFM I„ 6 8. 6 }
0 w INDICATES SMOKE DETECTOR WITH EATERY BACKUP I}
1„''''2 o
r DISPENSARY _
5. 0 ® = 0
1x5 O W
lL
1 CC
� I c, O
0
ELECTRIC PANEL x
FOR BUILDING } r
_ x
I STORAGE }
RO9 Qp eNL—120 V DOWNWARD
WNWARD FA EIGLPAGN
iC CS, MOWIWA WITTING LIGLEVEL
OF 1.0
3i� FOOT
ANDLESIAN DARKEST IA
ON GROUOD CEKEST SPOT
ON GROUND SURFACE.
'143
O O
WAREHOUSE _ _ __ S
OO O n < Q
¢ (i)
'9 WAREHOUSE _ _ _ _ C J Z
Q Cl-
I Y CO
He ® ® o
I AD
IN
I g wrc WIC 5
NEW ELECTRIC } 0
PANEL FOR 6
EXTERIOR OF } z z
BUILDING I x H <
Ix® STORAGE D _ _J
„ 0 O
1x 9 0..E J
..
0 IIj � 0 0 °R
JUKE 2019
O1/8 -1 0PLAN
IGI NG
E-1
,ON ti0 CITY/COUNTY USE ONLY
o-``� 66` OREGON LIQUOR CONTROL COMMISSION REQUEST
oat de ver db I(cdngg' plicant:
j;CC4 `����,.� ,� "
45 Land Use Compatibility Statement JAN I 7 2019
What is a land use compatibility statement(LUCS)?The LUCS is a form used by a state agency CITY OF TiGARD
and local government to determine whether a land use proposal is consistent with local govern- ,n`(rl\ ;,_ PINEt:PI`,)!`
ment's comprehensive plan and land use regulations. Received by(print):
Why is a LUCS required?OLCC and other state agencies with permitting or approval activities that J IA)ft .sA((Thi
affect land use are required by Oregon law to be consistent with local comprehensive plans and to
have a process for determining consistency. Section 34(4)(a)of 2015 Oregon Laws,Chapter 614, Initial. /
•
requires OLCC to request and obtain the LUCS and have a positive LUCS prior to issuing a license. ~ S
When is a LUCS required?A LUCS is required for all proposed marijuana facilities before an OLCC license can be obtained.
How to complete a LUCS:
• Step 1:Applicant completes Section 1 of this form and submits it to the appropriate city or county planning office. Applicant
verifies with local jurisdiction whether additional forms,applications,or permits are required.
• Step 2:Local jurisdiction completes Section 2 of this form indicating whether the proposed use is compatible with the acknowl-
edged comprehensive plan and land use regulations and returns signed and dated form to the applicant.
• Applicant completes payment to local jurisdiction for processing application.
• Local jurisdictions are NOT reauired to begin processing LUCS forms until January 4.2016 at 8:30 AM.
• Step 3:Applicant submits this date-stamped form and any supporting information provided by the city or county to the OLCC
with the license application.This form may be submitted while Section 2 is in process with the local governing body.
Section 1—To be Completed by Applicant
*Sections marked with an asterisk should be verified with the local planning deportment prior to submitting this form.
Applicant Name: WSW Investments,LLC and Bo&Lia Holdings,LLC Phone: 971-998-4874
Mailing Address: 19197 South Molalla Ave Rm/Ste:
City: Oregon City State: OR ZIP: 97045
❑ Site plan of the subject property and proposed development attached?(required)
Proposed 11540 SW Pacific Highway Rm/Ste:
Premises Address:
City: Tigard County: Washington ZIP: 97223
Tax Lot#*: 1S136DA00800 Range/ 1W Latitude: 45°26'26.0"N
Section*:
Township*: 1S Map*: 1S136DA Longitude: 122°44'57.4"W
Proposed use/permit type sought (A separate LUCS may be necessary for each proposed use even if it is on the same property):
❑ Producer ❑ Wholesaler ❑ Processor ✓ Retailer ❑ Laboratory ❑ Research Certificate
Note indoor or List endorse-
outdoor below ments below
Details of proposed use(note any attachments):
OLCC Recreational&Medical Marijuana Dispensary
Section 2—To be Completed by Local Jurisdiction
Site Location:
✓ Inside city limits El Inside UGB ❑ Outside UGB
Name of Jurisdiction: City of Tigard
Property Zoning of C-G: General Commercial Zone
Proposed Premises:
The proposed land use has been reviewed and is prohibited.
J The proposed land use has been reviewed and is not prohibited.
If the proposed land use is allowable only as a conditional use, permits are required as noted below.
Comments:
The proposed sales-oriented retail marijuana facility meets the development standards outlined in the City of Tigard Community
Development Code,Chapter 18.430 Marijuana Facilities.Applicant has obtained an approved Type I Marijuana Facility Permit
(please see attachment).
Name of Reviewing Local Official (print): Lina Smith
Title: Assistant Planner
Date: January 17, 2019 J
Email: LinaCS@tigard-or.gov
Phone: (503) 718-2438
Signature: L !
Check this box if there are attachments to this form: ✓
REMINDER: Local jurisdictions are NOT required to begin processing
LUCS forms until January 4, 2016 at 8:30 AM
NOTICE OF TYPE I DECISION , J
MARIJUANA FACILITY PERMIT MAR2019-00001 1111
KALEAFA
TIGARD
120 DAYS = May 15, 2019
SECTION I. APPLICATION SUMMARY
FILE NAME: KALEAFA
CASE NO.: Marijuana Facility Permit (MAR) MAR2019-00001
PROPOSAL: The applicant is proposing a new sales-oriented retail marijuana facility inside an
existing tenant space at 11540 SW Pacific Highway. The space is approximately
1,275 square feet in size,and was previously occupied by a sales-oriented retail use.
APPLICANT: Kaleafa
Attn:Gordon Goulet
11540 SW Pacific Highway
Tigard,OR 97223
OWNER: Hi Hat,Inc.
Attn:Janet Dowty
2720 SW 28th Drive
Portland,OR 97219
LOCATION: 11540 SW Pacific Highway
WCTM 1S136DA,Tax Lot 800
ZONING
DESIGNATION: C-G: General Commercial Zone. The C-G zone is designed to accommodate a
full range of retail, office, and civic uses with a citywide and even regional trade
area. Except where nonconforming, residential uses are limited to single-family
residences that are located on the same site as a permitted use. A wide range of
uses, including but not limited to adult entertainment, automotive equipment
repair and storage, mini-warehouses, utilities, heliports, medical centers, major
event entertainment,and gasoline stations,are permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.430.040
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request, subject to certain conditions of approval. The findings and conclusions
on which the decision is based are noted in Section IV.
MAR2019-00001 Kaleafa 1
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS MUST BE SATISFIED:
Unless noted otherwise, the staff contact shall be Lina Smith,Assistant Planner; (503) 718-2438 or
LinaCS(a tigard-or.gov.
1. Prior to occupancy, the applicant must submit documentation of approval from the State of
Oregon Recreational Marijuana Program.
2. Prior to occupancy,the applicant must submit a site plan and a photometric drawing.These plans
must clearly illustrate how proposed security lighting will meet the standard outlined in CDC
18.430.040.G.
THIS APPROVAL IS VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 11540 SW Pacific Highway;on the southeast side of SW Pacific Highway,west
of SW 68th Parkway, and east of SW 72"d Avenue. The 0.58-acre site is made up of one (1) tax lot, and
contains an existing commercial building with two (2) tenant spaces (11536 and 11540 SW Pacific
Highway) and a drive-thru coffee stand that is currently occupied by Black Rock Coffee (11538 SW
Pacific Highway).City records show the subject tenant space was previously occupied by a sales-oriented
retail use.The property is zoned General Commercial (C-G).
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.430 Marijuana Facilities:
18.430.040 Development Standards
A. The proposed development complies with all applicable state requirements and requirements
of this title.
The proposed development complies or can be made to comply with all applicable state requirements and
requirements of this Title,as demonstrated by the analysis contained within this decision,and through the
imposition of conditions of approval. All necessary conditions must be satisfied prior to occupancy. This
standard is met.
B. The proposed development meets all of the following site location restrictions. All distances
shall be measured at the closest property lines between the proposed site and nearest lot or
parcel containing the specified use or characteristic.
1. Marijuana facilities are prohibited within the MU-CBD zone.
The proposed marijuana facility is not located within the MU-CBD zone;it is located within the C-G zone.
This standard is met.
2. The proposed development is not within 1,000 feet of a public or private elementary
school,secondary school,or career school attended primarily by minors.
Staff reviewed city maps to confirm that the proposed marijuana facility is not located within 1,000 feet of a
MAR2019-00001 Kaleafa 2
public or private elementary school, secondary school, or career school attended primarily by minors. This
standard is met.
3. Sale-oriented retail and wholesale sales uses open to the public shall be subject to the
following restrictions:
a. Shall be located on a lot or parcel with frontage along Pacific Highway(Oregon
Route 99W);
This proposal is for a sales-oriented retail marijuana facility. The subject property is located at 11540 SW
Pacific Highway (WCTM 1S136DA,Tax Lot 800),which has more than 100 feet of direct frontage along
SW Pacific Highway(Oregon Route 99W).This standard is met.
b. Shall not be located within 1,000 feet of another state-licensed retail or wholesale
marijuana facility within or outside of city limits;and
Staff reviewed city maps to confirm the proposed facility is not located within 1,000 feet of another state-
licensed retail or wholesale marijuana facility within or outside of city limits.This standard is met.
c. Shall not be located within 500 feet of a public library or Tigard parks and
recreation zone.
Staff reviewed city maps to confirm the proposed facility is not located within 500 feet of a public library or
the Parks and Recreation(PR) zone.This standard is met.
4. Non-retail uses and wholesale sales uses not open to the public shall not be located
within 500 feet of one or more of the following zones or facilities:
a. Residential zone;
b. Parks and recreation zone;
c. Public library.
The proposed marijuana facility is for sales-oriented retail;therefore,these standards do not apply.
D. Hours of commercial operation shall be limited to the hours between 7:00 am and 10:00 pm.
General industrial uses with no on-site retail activity are exempt from this restriction.
The applicant's narrative states the proposed marijuana facility's hours of commercial operation will be
limited to the hours between 7:00 a.m. and 10:00 p.m.This standard is met.
E. Primary entrances shall be clearly visible from Pacific Highway(Oregon Route 99W).
Staff reviewed the applicant's materials and photographs of the site to confirm that the primary entrance to
this proposed marijuana facility is clearly visible from SW Pacific Highway (Oregon Route 99W). This
standard is met.
F. The proposed development shall be located inside a permanent building and may not be
located within a trailer, shipping container, cargo container, tent, or motor vehicle. Outdoor
storage of merchandise,plants,or other materials is not allowed.
Staff reviewed the applicant's n h materials and photographs of the site to confirm the proposed marijuana
facility is located inside a permanent building. Additionally, the applicant's narrative states there will be no
outdoor storage of merchandise,plants,or other materials.This standard is met.
MAR2019-00001 Kaleafa 3
G. Parking lots, primary entrances, and exterior walkways shall be illuminated with downward
facing security lighting to provide after-dark visibility to employees and patrons. Fixtures shall
be located so that light patterns overlap at a height of 7 feet with a minimum illumination level
of 1.0 footcandles at the darkest spot on the ground surface.
The applicant's materials do not address security lighting. Accordingly, staff has included a condition of
approval that requires the applicant to submit a site plan and photometric drawing prior to occupancy.These
plans shall clearly illustrate how proposed security lighting will meet the standard outlined above. As
conditioned,this standard is met.
H. Drive-through marijuana facilities are prohibited.
The applicant is not proposing a drive-through marijuana facility;this proposal is for a sales-oriented retail
marijuana facility within a permanent building.Therefore,this standard is met.
I. The proposed development shall confine all marijuana odors and other objectionable odors to
levels undetectable at the property line.
The applicant's narrative states that all marijuana odors and other objectionable odors will be limited to levels
undetectable at the property line.This standard is met.
J. Marijuana or marijuana products shall not be visible from the exterior of the building or
structure. (Ord.17-22§2) •
The applicant's narrative states that marijuana or marijuana products will not be visible from the exterior of
the building or structure.This standard is met.
CONCLUSION: This proposal is for a sales-oriented retail marijuana facility, and complies or can
be made to comply with all applicable state requirements and requirements of this
Title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was provided to:
X The applicant and owner
Final Decision:
A Marijuana Facility Permit is a Type I procedure.As such,this decision is final for purposes of appeal
on the date it is mailed or otherwise provided to the applicant,whichever occurs first. This decision is
not appealable locally,and is the final decision of the City.
THIS DECISION IS FINAL ON JANUARY 17, 2019,
AND BECOMES EFFECTIVE ON JANUARY 18, 2019.
MAR2019-00001 Kaleafa
C� A..
RE NE i
JAN ] 02019 . '',
CITY ,G AAD 1.�
PLANNI K r ( F F ~'
7 i,,
nuc
-rloorplan for "Tigard Kaleafa" r'
11540 SW Pacific Highway, 0 �r- I"
Tigard, OR 97223 ' '07.: i
(Licensed Premises is North roe` �..
Partition of Building) tii I
,. of
/
.•,.b;, z , I l
r
a A �rdab<e
�,t'*,# fat s Quart/ k ,,Ti
,; ata B
CITY OF TIGARD _ -
Approved Y1anning � �•" -- i ,
Date: 1� ., 1 1
,.,7_ljo „.. .,*r toitw 1 e.',
,nitiais: .
•,:rapt. ol`S •, s v,.-
trf 1 �/ t - '�" ti __�
s .. . .
f
s.
A
Draft Site Plan v2F `' ,
1/9/2019 .- 4,,i'� \ . . .
•.,,.fir
TAX Lot: 1S136DA00800 /` * , f