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Supplement_Feb16th_CSE-20-68_AgendaItemAttachments_1142 F Street

Fresno City Council
February 16, 2022

Document
Supplement_Feb16th_CSE-20-68_AgendaItemAttachments_1142 F Street
Meeting
February 16, 2022
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Fresno City Council
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2
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Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

December 15, 2020

The subject property is not located within 800 feet of the property boundary of any of the above-mentioned uses. The subject building meets the separation requirements, per Section 15-2739.B.1.b of the FMC, for a cannabis retail business.

3. Prior to commencing operations, a cannabis retail business must obtain a Cannabis Conditional Use Permit from the Planning and Development Department per Section 15- 2739.N of the FMC.

4. No more than two cannabis retail businesses may be located in any one Council District.

If more than 14 are ever authorized by Council (more than two per Council District), they shall be dispersed evenly by Council District.

The subject property is in Council District 3 . There are currently no cannabis retail businesses located in Council District 3 . This location requirement is satisfied for a cannabis retail business.

Please review the entirety of Article 33, Chapter 9
(Cannabis Retail Business and
Commercial Cannabis), and Section 15 -2739 (Adult Use and Medicinal Cannabis Retail Business and Commercial Cannabis Business) of the FMC to understand other requirements of cannabis retail businesses, including but not limited to, application requirements, signage, etc.

This information was researched by the unde rsigned per the zoning request. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon, or relates to, the information supplied by the requestor. The City of Fresno assumes no liability for erro rs and omissions. All information was obtained from public records held by the Planning and Development Department.

A copy of the Fresno Municipal Code may be obtained by contacting the City Clerk’s office at 559-621-7650. The Fres no Municipal Code may also be searched on the Internet, free of charge, by going to www.fresno.gov. If you have questions regarding this matter, please contact me by telephone at 559-621-8038 or at [email protected].

Cordially,

Marisela Martinez, Planner II
Development Services Division
Planning and Development Department

EXHIBIT B

PLANNING AND DEVELOPMENT DEPARTMENT

2600 Fresno Street • Third Floor Jennifer K. Clark, AICP, Director Fresno, California 93721-3604
(559) 621-8277 FAX (559) 498-1026

December 15, 2020 Please reply to:

Marisela Martínez
(559) 621-8038

Renatta Ford
1142 F Street
Fresno, CA 93706
[email protected]

Dear Applicant:

SUBJECT: ZONING INQUIRY NUMBER P20 -04720 REQUESTING INFORMATION REGARDING CANNABIS RETAIL FOR PROPERTY LOCATED AT 1142 F ST (APN: 467-062-09)

Thank you for your inquiry regarding the allowance of new cannabis retail uses. The requested information about cannabis retail uses was analyzed using Article 27, Chapter 15 of the Fresno Municipal Code (FMC) of the City of Fresno. Please note, all research for this inquiry is based on existing land development of the subject property. If there are multiple buildings on the subject property, this research was based on the address provided in the request. This research does not take into effect of future development unless provided in your application request. With that, research of a proposed cannabis retail business on the subject property conveys the following:

1. All cannabis retail businesses must be located on property zoned DTN ( Downtown Neighborhood), DTG ( Downtown General ), CMS ( Commercial Main Street ), CC (Commercial Community), CR ( Commercial Regional), CG ( Commercial General), CH (Commercial Highway), NMX ( Neighborhood Mixed-Use), CMX ( Corridor/Center Mixed- Use), RMX ( Regional Mixed- Use), and must meet all of the requirements for development in these zones, including, but not limited to, parking, lighting, building materials, etc.

The subjec t property is zoned DTN , which is one of the allowable zone districts for cannabis retail businesses. Development standards of the DTN zone district are available in Sections 15-1503, 15-1504, and 15-1505 of the FMC. The subject location meets the zone district requirement, per Section 15-2739.B.1.a of the FMC, for a cannabis retail business.

2. All building(s) in which a cannabis retail business is located shall be no closer than 800 feet from any property boundary containing the following: (1) A cannabis retail business; (2) A school providing instruction for any grades pre- school through 12 (whether public, private, or charter, including pre- school, transitional kindergarten, and K -12); (3) A day care center licensed by the state Department of Social Services that is in existence at the time a complete commercial cannabis business permit application is submitted; and, (4) A youth center that is i n existence at the time a complete commercial cannabis business permit is submitted.

Zoning Inquiry P20-04720
1142 F ST

Page 2 ends

December 15, 2020

The subject property is not located within 800 feet of the property boundary of any of the above-mentioned uses. The subject building meets the separation requirements, per Section 15-2739.B.1.b of the FMC, for a cannabis retail business.

3. Prior to commencing operations, a cannabis retail business must obtain a Cannabis Conditional Use Permit from the Planning and Development Department per Section 15- 2739.N of the FMC.

4. No more than two cannabis retail businesses may be located in any one Council District.

If more than 14 are ever authorized by Council (more than two per Council District), they shall be dispersed evenly by Council District.

The subject property is in Council District 3 . There are currently no cannabis retail businesses located in Council District 3 . This location requirement is satisfied for a cannabis retail business.

Please review the entirety of Article 33, Chapter 9
(Cannabis Retail Business and
Commercial Cannabis), and Section 15 -2739 (Adult Use and Medicinal Cannabis Retail Business and Commercial Cannabis Business) of the FMC to understand other requirements of cannabis retail businesses, including but not limited to, application requirements, signage, etc.

This information was researched by the unde rsigned per the zoning request. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon, or relates to, the information supplied by the requestor. The City of Fresno assumes no liability for erro rs and omissions. All information was obtained from public records held by the Planning and Development Department.

A copy of the Fresno Municipal Code may be obtained by contacting the City Clerk’s office at 559-621-7650. The Fres no Municipal Code may also be searched on the Internet, free of charge, by going to www.fresno.gov. If you have questions regarding this matter, please contact me by telephone at 559-621-8038 or at [email protected].

Cordially,

Marisela Martinez, Planner II
Development Services Division
Planning and Development Department

EXHIBIT C

EXHIBIT D
From: Miguel Arias
To: Jennifer Ruiz
Cc: Dolores Barajas; Thomas Esqueda; Tim Orman; Mary Raterman-Doidge; Douglas Sloan Subject: Re: Cannabis - Preliminary Approvals Notification Date: Thursday, December 23, 2021 3:30:46 PM
Attachments: Notifcation to CC Prelim Approval District 3 20211217.pdf Jennifer,
Please accept this communication as my formal appeal of both preliminary awards listed below. I want to ensure the community has amble time to review and provide input on these critical items.

I have spoke to the CP and an appeal hearing can be facilitated as soon as the January 13th, 2022 council meeting allowing the public sufficient time to review the proposed operations.

Best, Miguel Arias
Sent from my iPad
On Dec 17, 2021, at 9:15 AM, Jennifer Ruiz <[email protected]> wrote:

Good Afternoon Councilmember Arias,

Attached is notification of the cannabis preliminary approval decisions in your district.

Information on all of the approvals for each district will also be posted on our website later today. http://www.fresno.gov/cannabis
. The application packet will be delivered
to your office shortly.

Jennifer Ruiz, MBA
Project Manager
Office of the Mayor and City Manager
Fresno City Hall – 2600 Fresno St., Fresno, CA 93721
Phone (559) 621-8037 – Fax (559) 457-1413

EXHIBIT E
From: Vigil Properties
To: Cannabis Regs
Subject: High Speed Healing - 1142 F Street
Date: Tuesday, January 4, 2022 3:35:31 PM
External Email: Use caution with links and attachments
We are the owners at 1435 Fresno Street and respectfully object to a permit proposed for cannabis sales at 1142 F Street. This area is already quite troublesome with criminal activity as well as transients. We believe that a dispensary would exacerbate the issues that this community is already facing.

Thank you in advance for your consideration of this fact.

Please call or email us if there is need for further discussion or input from us.

Best Regards,
Eunice Vigil
213-858-1045
Sent from Mail for Windows

January 24, 2022

Councilman Arias
Fresno City Council
2600 Fresno Street
Fresno, Ca 93721

HONORABLE COUNCILMAN ARIAS:

The Fresno Chinatown Preservation Inc. Board of Directors is formally protesting the issuance of a permit to operate of cannabis dispensary at 1145 “F” Street in Fresno’s Historic Chinatown.

The area has been victimized by the operation of three “pot shops” two at kern and “F” and one at Tulare and “F” for months prior to the licensing process. The area was plagued by increased criminal activity, unabetted nuisances and underage loitering.

A robbery occurred at the Tulare and “F” site. The operators spread the word that they would “take care” of the homeless guy who had robbed them because they could, and nobody would care in Chinatown. We care and we sincerely hope you care too. Do not allow this type of business to operate in Fresno’s Historic Chinatown.

Sincerely,

Kathleen Omachi, MSW
Board Chair, Fresno Chinatown Preservation, Inc.

EIN: 83-3529443

EXHIBIT F

EXHIBIT G
0 300 600 900 1,200150
Feet
GIS Data Disclaimer: City of Fresno disclaims any responsibility for the accuracy or correctness of the data.

Neither the City of Fresno nor any officer, or employee warrants the accuracy, reliability or timeliness or any of the data provided. In no event shall City of Fresno become liable to users of these data, or any other party, for any loss or damages, consequential or otherwise, including but not limited to time, money, or goodwill, arising from the use, operation or modification of the data. In using these data, users further agree to indemnify, defend, and hold harmless City of Fresno for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data.

San Joaquin St
Aly
Ventura St
Aly
Aly
99 Onrp
G St
L St
C St
Broadway
Plz
99 SR
Inyo St
Fre
snoSt
Broadway
Aly
99 Onrp
Fre
sno
St
Aly
Tulare St
Aly
Aly
Aly
F St
Kern St
TuolumneSt
99 SR
Mariposa MallTuolumne St
Aly
Inyo St
Kern St
MercedSt
Mono
St
Mariposa St
Mariposa St
99 Ofrp
B St
Aly
A St
Aly
N St
HSt
Aly
China Aly
Broadway
Mariposa St
99 SR
Fulton St
Aly
Stanislaus St
Merced St
Fresn
oSt
Calaveras St
Tuolumne St
Van Ness Ave
Aly
M St
Broadway St
Aly
Fagan Aly
Aly
Aly
E St
Fagan Aly
Homerun A
ly
99 SR
Aly
Co
ngoAly
Aly
Aly
99Ofrp
H St
Chin
aAlyStanislaus St
99 Onrp
Aly
99 Onrp
99 Ofrp
Courthouse
Park
Veteran’s Memorial
Auditorium

FUSD-EARLY

CHILDHOOD

EDUCATION CENTER

FUSD-EARLY

CHILDHOOD

EDUCATION CENTER
EARLY

READERS
PS/DCC
Kepler
Neighborhood
Fresno COE
District-Wide
Preschool
Fresno County
Special
Education
CSE-20-68
Application No: CSE-20-68, Name: High Speed Healing
Address: 1142 F ST±
Business Type
Retail
Cultivation
Microbusiness (Non-Retail)
Preliminary Approved Site
Schools
Youth Facilities
Libraries
Boys and Girls Club
Day Care
Identified Parks and Green Space
Identified Sensitive Use Areas
Streets
800' Sensitive Use Area
Parcels

EXHIBIT H

CITY OF FRESNO
CITY MANAGER’S OFFICE

NOTICE OF PUBLIC HEARING

COMMERCIAL CANNABIS BUSINESS PERMIT APPLICATION
NO. CSE-20-68
NOTICE IS HEREBY GIVEN that the Fresno City Council, in accordance with Section 9-3317 of the Fresno Municipal Code will conduct a public hearing to consider and make a determination on the following application filed by Renatta Carter -Ford on behalf of High Speed Healing , pertaining to property located at 1142 F Street in Fresno, located on F Street between Mariposa Street and Fresno Street.

1. C
ommercial Cannabis Business Permit Application No. C SE-20-68: A request to operate a cannabis retail business on the subject parcel in the DTN ( Downtown Neighborhood) zone district.
*The above documents are available for public review via the upcoming City Council Agenda.

D
ue to the closures of public facilities in response to COVID -19, City Hall may not be open to the public, however any interested person may appear electronically, by either Zoom meeting or telephone with instructions provided on the Council Agenda, at the public hearing and present written testimony, via an eComment or by email to [email protected], or speak in favor or against the proposal. Unless otherwise required by law to be accepted by the City at or prior to a City Council meeting or hearing, no documents shall be accepted for City Council review unless they are submitted to the Office of Cannabis Oversight or the City Clerk at least 24 hours prior to the commencement of the City Council meeting at which the associated agenda item is to be heard. If you challenge the above application in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the Fresno City Council or contact person below, at, or prior to, the public hearing. Action by the Council is final.

N
OTE: This public hearing notice is being mailed to surrounding property within 1,000 feet of the project site pursuant to the requirements of Fresno Municipal Code Section 9-3317.

F
or additional information regarding this project, contact Jennifer Ruiz , Project Manager , Office of Cannabis Oversi ght, 2600 Fresno Street, Fresno, California 93721- 3604, by phone at (559) 621- 8037 or via e- mail at [email protected] . Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621- 8070 o por correo electrónico a [email protected]. If you would like additonal information about the project, documents are available to view at: http://www.fresno.gov/cannabis O

FFICE OF THE CITY MANAGER
Thomas Esqueda, City Manager
Dated: January 11, 20222

SEE MAP ON REVERSE SIDE
Office of Cannabis Oversight
Office of the City Manager
2600 Fresno Street · Fresno, CA 93721 · Phone (559) 621-5555

FRESNO CITY COUNCIL
Date: Wednesday, February 16, 2022
Time: 1:00 p.m., or thereafter
Place: City Hall – in person and/or electronic.

Watch the live broadcast via the Zoom link located on the Council Agenda found at the City’s website:
https://fresno.legistar.com/Calendar.aspx

Jennifer Ruiz
CITY MANAGER’S OFFICE
2600 FRESNO STREET
FRESNO CA 93721-3604

THIS IS A LEGAL NOTICE REGARDING
1142 F Street
CSE-20-68

VICINITY MAP

Subject Property

EXHIBIT I
High Speed Healing
Retail – Commercial Cannabis Business Permit
Social Equity Application
No. CSE-20-68
COUNCIL DISTRICT 3
High Speed Healing
1142 F Street (CSE-20-68)
 Social Equity Application
 Located on F Street between
Mariposa Street and Fresno Street.
 Meets the requirements of FMC &
Application procedures.
 Preliminary Approval: December
17, 2021
 Appeal: December 23, 2021 from
Councilmember Arias, “I want to
ensure the community has amble
time to review and provide input on
these critical items.”

High Speed Healing
1142 F Street (CSE-20-68)
This project received two public
comments highlighting concerns. They
include:
• The area is already troubled by criminal
behavior and transients and belief that
a dispensary would increase the
problem.
• Concern that illegal cannabis shops
have already been operating in the
area and has caused nuisance,
loitering, and a recent robbery.

Image from application materials.

High Speed Healing
1142 F Street (CSE-20-68)

RESPONSE TO THE CONCERNS RAISED
The applicant is required to prepare a detailed security plan, developed by a professional security consultant, which will include significant video surveillance, alarms, access control, and armed security guards 24-hours-a-day. The security plan measures must be with the Fresno Municipal Code as a condition of approval. These measures will not only protect the cannabis retail business, it would add to the security presence in the immediate area.

High Speed Healing
1142 F Street (CSE-20-68)
This project received seven public comments supporting this project and a petition signed by 22 local businesses. The reasons for support include:
• Belief that owner is a person of high integrity that has been very involved with the Chinatown community.
• Belief that the location will improve the historic area. • Belief that the business would provide an added level of safety to the area and encourage more investment.
• Positive reference for one of the owners of positive work history at a cannabis farm.
• Belief that the applicants provide positive representation and are successful local entrepreneurs that will responsibly operate the dispensary.

Applicant
PowerPoint Not
Yet Provided

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