Agenda Item No: M.2
AGENDA REPORT
DATE: December 3, 2024
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2024-280
Rescinding Approving Issuance of a Commercial Cannabis Retail Business Permit to Authentic Fairfield LLC
Funding Source: N/A
Contact: Dave Zellers, (707) 428-7436
RECOMMENDED ACTION
Hold public hearing and adopt resolution.
STATEMENT OF ISSUE
The City Council has requested agendizing a Public Hearing for consideration of rescinding the Preliminary Approval for a Commercial Cannabis Retail Business Permit awarded to Authentic Fairfield LLC on June 22, 2021, by the City per attached Resolution 2021-143.
DISCUSSION
The council approved the adoption of Ordinance 2024-08, which includes an amendment to Fairfield Municipal Code Chapter (FMC) 10E, also known as Commercial Cannabis Businesses allowing for the revocation of Preliminary Approvals for a Commercial Cannabis Business Permit. During the presentation for the first reading of Ordinance 2024-08 in October 2024, two council members requested agendizing a Public Hearing for rescinding of the preliminary approval granted to Authentic Fairfield LLC. Furthermore, the city attorney stated during the October 2024 presentation that regardless of the changes to the FMC the council may rescind preliminary approval as it related to the conditions at the time it was conferred.
In June 2021, Authentic Fairfield LLC was granted approval for a Commercial Cannabis Business Permit pending the completion of actions and meeting specific conditions per City of Fairfield Resolution 2021-143. Since June 2021, the complete set of conditions has not been satisfied, nor has documentation been provided to indicate whether some or all the conditions have been satisfied. The
most recent communication from Authentic Fairfield LLC with City staff overseeing the commercial cannabis program was in July 2023 and indicated the business was exploring the possibility of utilizing a different location than the one specified in its initial application. Furthermore, as of November 2024, State of California Department of Cannabis Control records do not show the same owners for Authentic Fairfield LLC as the application submitted to the City indicated in September 2020. As there has been no communication with the City to indicate a change in ownership at any point in the last three years, per Section 1.5 of Exhibit A included with Resolution 2021-143 and FMC Chapter 10E, the City Council may consider rescinding the approval granted in 2021.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The public hearing was advertised in the Daily Republic on Sunday, November 17, 2024. A certified letter dated November 14, 2024, was sent to the individuals listed on the 20 20 permit application as owners of Fairfield Authentic LLC to inform them of the public hearing.
ALTERNATIVE ACTION
The council may choose to vote against the passage of the resolution.
COORDINATED WITH
City Attorney’s Office and City Manager’s Office
STAFF CONTACT
Dave Zellers, Director of Community and Economic Development (707) 428-7436
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Resolution 2021-143