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Presentation.pdf

City Council/Public Finance and Economic Development Authority/Parking Authority
February 6, 2023

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Presentation.pdf
Meeting
February 6, 2023
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City Council/Public Finance and Economic Development Authority/Parking Authority
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Text extracted from the city's file for reading and search. Open the original on cityofmerced.legistar1.com. That file is the official record.

Commercial Cannabis
Business Permit Application
(CCBP) #22-02R
Culturee Mercedd onn Motell Drive,, Inc.. (Culturee Cannabiss Club) Commerciall Cannabiss Retail
11111 Motell Drive
$77$&+0(17

MERIT-BASED SCORING
(FINDING C)
• T otal of eleven (11) CCBP
retail applications
submitted to the City,
January 2022
•
Ninee (9)) applicationss
completedd Phasee 22 review
• 100 possible points (78
Non-discretionary points,
22 discretionary points)
• Culturee Cannabiss Clubb
achievedd topp rankk basedd
onn thee averagee off thee totall
scoress fromm eachh memberr
off thee Selectionn Panel

SUBJECT SITE
ƒ ZONED THOROUGHFARE

COMMERCIAL (C-T) WITH

THOROUGHFARE

COMMERCIAL (CT) LAND

DESIGNATION
ƒ APPROXIMATELY 3,520 SF

EXISTING BUILDING
(FORMERLY KEWL CATS)
ƒ ADJACENT TO COMMERCIAL
USES
20XX 3
Sensitive
Use
Buffer
Map
Contoso business plan 4

ELEV ATIONS
20XX 5

SITE PLAN– 1111 MOTEL DRIVE
Takuma Hayashi
President
• Retail Use
• Parking requirements: 7 spaces minimum
• Including 2 accessible spaces
• Red shaded areas indicate extra parking
• Ingress/Egress to the South (off Motel Dr)
• No access to the North (Pine St) per
Planning Commission Condition
FLOOR PLAN– 1111 MOTEL DRIVE
Takuma Hayashi
President
Flora Berggren
Chief Operations Officer
20XX Contoso business plan
Mainn
Entrance/
Reception
Saless
Floor
Vendorr
Room//
Qualityy
Inspection

DELIVERY AREA
• Fenced in loading bay
allows for only 1
authorized vehicle at a
time
• Security guard present
• Surveillance cameras
• Protocols in line with
State requirements

OPERATIONS
9 ƒ Hours of Operation to be from 8:00 a.m. to
10:00 p.m., daily
ƒ Commercial Cannabis Dispensary (Medicinal
and Recreational) including Delivery
ƒ Business to receive finished product from
licensed cannabis distributors and sell to the
general public
ƒ Four Manager positions will be filled at build
out; staff anticipated at a total of 25 employees at
open
ƒ 5 POS Stations on the sales floor

Cannabis waste shall be stored in two 65-
gallon waste storage receptacles
One receptacle shall be for compostable
waste and the other for non-compostable
waste
Will use City refuse for non-cannabis
waste and a cannabis waste hauling
company to dispose of cannabis waste
10 Community Benefits Proposed by Applicants
11 Community Outreach
Meetings
Youth Incubator
Program
2% Gross Receipts
Donated to Local
Charitable
Organizations
100% Local
Workforce
Various
Contributions to
Local
Organizations

CONDITIONS TO NOTE
10)…Building permit applications submitted af ter December 31, 2022, shall comply with 2022 California Building Codes
223)) … Parkingg lott andd buildingg lightingg shalll bee shieldedd orr orientedd inn aa wayy thatt doess nott alloww “spill-over”” orr affectt thee residentss locatedd directlyy acrosss thee street. 25) …applicant shall provide a cross-access agreement between subject site and the adjacent lot to the west…
28)) (Applicant)) shalll ensuree thatt thee sitee providess aa clearr pathh off travell fromm thee providedd accessiblee parkingg spacess too thee mainn entrance…
33)…applicant shall extend the proposed chain- link fence so that deliveries do not enter unsecured areas
37)… anyy elementt off ann applicationn thatt providedd aa successfull applicantt withh pointss onn thee merit-basedd scoringg systemm iss subjectt too revieww andd inspectionn byy thee city… (MMCC

20.44.1700 L(1)(g)(iv)
39)…the minimum amount of local ownership that could be approved through a Minor Modification is 51% (MMC 20.44.170 L(7)(b)(iii)

ENVIRONMENTAL
REVIEW #22-04
20XX 13

STAFF IS

RECOMMENDING A

CATEGORICAL

EXEMPTION FOR CCBP
#22-02R, BASED ON
SECTION 15332 FOR IN-

FILL PROPERTIES

SECURITY
14 ƒ At least one guard shall be onsite during the build out; two guards shall be present onsite after open
ƒ Security to increase if operations require it
ƒ Security guards shall be present onsite 24/7
ƒ Card scanners installed for restricted (employee-only) access areas
ƒ Applicant shall meet or exceed all security
requirements set forth in MMC 20.44.170 E(3)
Planning Commission Action–
• The Planning Commission voted 5-2 to approve
Culture’s application with an additional
condition:
• All access to Pine Street from the site and
the adjacent site to the west is to be blocked
off, interior of site to be redesigned to
handle the new flow.
• New Site Plan has been provided, at left.
• Two Appeals of the PC Decision were received:
• Jiva (Applicant tied for 2
nd Place)
• Edwin Kainth (Local Business Owner)

Appeals– CCBP #22-02R
Jiva (CCBP Applicant, Tied for 2nd Place in Merit-Based Score) • Appeal asserts that Jiva should have more points from Criteria 5d and 5e, which regard owner experience in a Mutual Benefit Nonprofit for 1 year and 3 years, respectively.

Edwin Kainth (Local Business Owner)
• Appeal asserts negative impact to business, traffic issues, pedestrian issues, incompatible use type.

Safety
17 ƒ Several concerns have been raised regarding the safety at cannabis dispensary locations, including a request for data from Planning Commissioner White.
ƒ Planning Staff, with assistance from PD, reviewed calls for service at permitted dispensaries.
ƒ Calls for service reflect all incidents that occur in proximity to the property and may not be directly related to the business thereon.

Source: Merced Police Department
1 6
2 16
0 6
3 15
2 18
17 31
2 8
6 28
3 4
18 17
0 5
10 15
20 25
30 35
Medallion Dispensary (Not Open) Berners Dispensary Manzanita Dispensary Blue Fire Dispensary Dispensaryy Incidentss byy Location,, 2018
8 -
8 -
2022
2018 2019 2020 2021 2022
Source: Merced Police Department
0 1 02 03 04 05 06 07 08 0
Medallion Dispensary (Not Open)
Berners Dispensary
Manzanita Dispensary
Blue Fire Dispensary
Incidentss byy Location,, 2020
0 -
0 -
2022
Safety-
Contoso business plan
FFor comparison, sites with similar uses (pharmacies) were also reviewed.

Source: Merced Police Department
0 50 100 150 200 250 300
Berners Dispensary
Manzanita Dispensary
Blue Fire Dispensary
CVS
Walgreens- R St.

Walgreens- G St.

Totall Incidents,, Dispensariess andd Pharmacies,, 2020 0 -
0 -
2022
Safety-
Contoso business plan
NNearby businesses on Motel Drive were also reviewed for calls for service.

Blue Fire- 76
Manzanita- 41
Berners- 30
Source: Merced Police Department
0 50 100 150 200 250 300
Berners Dispensary
Rodeway Inn
Fairbridge
Manzanita Dispensary
Pacific Express
Blue Fire Dispensary
Quality Inn
Best Western
CVS
Walgreens R St.

Courtyard Mariott
Walgreens G St.

Callss forr Policee Service,, 2020
0 -
0 -
2022
Sensitive Use Map-
PProposed Culture Cannabis Club Dispensary

CITY COUNCIL MOTION
• Grant or deny the appeal of JIV A MCE, LLC; and,
• Grant or deny the appeal of Edwin Kainth; and,
• Provide direction to staff regarding findings to
grant or deny each appeal, with or without
prejudice; and,
• Direct staff to proceed with either the approval of
CCBP #22-02R or the continuation of the retail
cannabis selection process, including direction on
how to proceed with the tied score for second-
highest scoring application

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