The City Council approved Ordinance No. 2019-14, on November 19th, 2019 which places a stay on the Commercial Cannabis program. Per said ordinance, no new applications shall be accepted as of the effective date, November 20, 2019, of this ordinance. Applications that were received prior to the effective date shall continue to be processed, except that no new delivery dispensary permits shall be issued for: any existing application which is denied or rejected pursuant to Chapter 5.50 of the Hesperia Municipal Code; any application which does not successfully complete Part I of the application process within 6 months of the initial application date; or, any application which does not commence with Part II within 90 days of the approval of Part I.
The City of Hesperia allows and regulates Commercial Cannabis activities, limited to State License Type M-Type 9, Non-Storefront Retailer, limited to delivery services only. All other commercial cannabis activities are prohibited within the City of Hesperia.
Applicants are responsible for reading and understanding City Regulations regarding allowed commercial cannabis activities. Commercial Cannabis activities are limited to those zones as cited in Hesperia Municipal Code Section 16.16.470.
Prior to application submission, applicants should review the land use regulations to ensure that the proposed property is within the cannabis zone. Cannabis activities are limited to not only specific zones, but must also adhere to distance limitations. Cannabis applications that do not meet zoning and distance requirements will not be accepted.
Click here to access the Land Use Regulations (Title 16) pertaining to Commercial Medical Cannabis
Click here to access the Business License Regulations (Title 5) pertaining to Commercial Medical Cannabis
What's the First Step to Opening a Cannabis Business in Hesperia?
The first step is finding out if your property is eligible for a cannabis business.
Step 1. View the Zoning Map Cannabis Delivery Services Zoning Map, is your property within the zone on the map? If the answer is YES, proceed to Step 2. If the answer is NO, the property is not eligible.
Step 2. Is your property outside all of the noted sensitive areas (denoted by red or black zoning lines? If the answer is YES, proceed to Step 3. If the answer is NO, the property is not eligible.
Step 3. If the answers to Steps 1 and 2 are YES. Please call the Planning Division at 760-947-1224. Distance restrictions are in place within the cannabis zone, Planning staff will confirm eligibility.
I have an Eligible Property, what do I do now?
The following steps are the basic steps required to complete Part I and Part II. Each step may include additional steps or require additional information from the applicant in order to complete the step and receive approval.
Step 1. Review the Medical Cannabis Delivery Business Checklist Incomplete applications will not be accepted.
Step 2. Prepare your Medical Cannabis Delivery Business Permit Application using the Checklist as a guide.
Step 3. When you are within 7 DAYS of submitting a complete application, email firstname.lastname@example.org to receive the DOJ fingerprint form.
Step 4. Get fingerprinted (the City will receive your results electronically) DO NOT USE THE CITY FORM FOR EMPLOYEES OR MANAGERS
Step 4. Submit your application and pay all required fees for Part I
Step 5. City will review and provide comment on Part I.
Step 6. Receive Part I Approval
Step 7. Submit all required documents for Part II and pay all required Part II fees
The following additional applications must be completed and returned with Part II
- Medical Cannabis Business License Application
- Certificate of Occupancy Application
- Tenant Improvement Packet (includes Letter of Intent) Entire Packet must be completed and delivered with Part II.
- MDAQMD Clearance Form
- Building Permit Worksheet
Step 8. City will review and provide comment on Part II.
Step 9. Receive a Building Permit (issued only to the business owner or a licensed contractor)
Step 10. Make the modifications to the building per the approved building plans from Part II.
Step 11. Call for inspections as work is completed.
Step 12. When your tenant improvement is nearly complete and you are ready to call for your Final Inspection, email email@example.com to schedule your Planning Final.
Step 13. Submit your required insurance certificates conforming to Title 5.50 Insurance Requirements to firstname.lastname@example.org for approval by the City. NOTE: Submitting insurance that does not conform to the requirements will delay the ability to schedule a final approval for the Part II Building Permit.
Step 14. After Planning approval, call for your Building Final
Step 15. If the Building Permit is finaled, visit City Hall to receive your business license. A Certificate of Occupancy will be mailed to you.
Applicants with questions can contact Tina Bulgarelli, Administrative Analyst at 760-947-1216 or email email@example.com during normal business hours.
Completing the DOJ process for Owners, Applicants and Employees
Part I - Applicants and Owners
Part I requires the owner(s) and applicant(s) to furnish proof of livescan (fingerprinting) through the Department of Justice to the City as part of the permitting process. When applicants are within 7 days of submitting a complete Part I application, they should email firstname.lastname@example.org for the DOJ form.
Part II - Employees and Managers
The City form CANNOT be used for employees or managers. Please do not make copies of the form provided to the applicant for employee livescan. The City does not require the results of livescan for employees to be provided to the City.
Frequently Asked Questions
1. Do I need to hire a consultant or attorney to complete my application?
While that is the applicant's decision, City staff can guide you through the application process without the assistance of an attorney or consultant.
2. How long does the process of getting licensed take?
The process of both Part I and Part II typically takes between 6 and 8 months.
3. What can I do to speed up the licensing process?
While the licensing process does take time because it involves review by many different departments, applicants can speed up the process by promptly submitting all documents requested, and making corrections and resubmitting plans or documents quickly.
Applicants can also speed the process by ensuring that when resubmitting documents and plans with corrections that ALL corrections requested by the City are made.
4. Is there a cap on the number of licenses allowed?
No there is currently no cap, but all applicants must be sure their property is eligible before submitting an application.
5. What is the deadline to apply?
The City accepts applications as they come in, the review deadline is every Monday by 12 noon for that review cycle.
6. I want to go through the process to get a licensed facility with plans to sell it as a business, is this allowed?
No, if a business is sold, the new owner must cease all operations until they go through Part I and Part II of the City process and pay all applicable fees. Transfer of ownership and subleasing is prohibited