Appeal of Commercial
Cannabis Business Permit
Application (CCBP) #22-02R
Culturee Mercedd onn Motell Drive,, Inc.. (Culturee Cannabiss Club) Commerciall Cannabiss Retail
11111 Motell Drive
CC 04/03/2023
$77$&+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
ZONED THOROUGHFARE
COMMERCIAL (C-T) WITH
THOROUGHFARE
COMMERCIAL (CT) LAND
DESIGNATION
APPROXIMATELY 3,520 SF
EXISTING BUILDING
(FORMERLY KEWL CATS)
ADJACENT TO COMMERCIAL
USES
20XX 3
ELEV ATIONS
20XX 4
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
EEdwin Kainth (Local Business Owner)
• Appeal asserts negative impact to business, traffic issues, pedestrian issues, incompatible use type.
• Denied by City Council on April 3, 2023 with a 5-1 vote (1 recused)
Jiva (CCBPP Applicant,, Tiedd forr 2nd Placee inn Merit-Basedd 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.
JIV A MCE, LLC–
• Final Selection Panel scores were
released on August 19, 2022
• JIVA submitted an inquiry with
staff contesting their final scores
in the Merit-Based Criteria
sections 5d and 5e
JIV A MCE, LLC– • As a courtesy, and not on behalf
of the Selection Panel, Staff
responded November 4, 2022
stating possible reasons:
• Dr . Oram is indicated in their
provided documents being
involved with the business for
approx. 2.5 years (does not
meet the 3 year threshold)
• CCSAC’s business license was
suspended between 2015
and 2020 (not operating in
compliance with CA law for
the required period under 5d
and 5e)
CITY COUNCIL MOTION
• Grant or deny the appeal of JIV A MCE, LLC; and,
• Provide direction to staff regarding findings to
grant or deny the appeal, with or without
prejudice.