X:\R
esolutions\2023\Planning\CC Denial Resolution for CCBP 22-02R - #1 .docx 1 RESOLUTION NO. 2023-_____
A RE
SOLUTION OF THE CITY COUNCIL OF THE
CITY OF MERCED, CALIFORNIA, DENYING AN
APPEAL BY EDWIN KAINTH ON BEHALF OF
THE MOTEL ASSOCIATION CONCERNING THE
ACTION OF THE PLANNING COMMISSION
RESULTING IN THE APPROVAL OF
COMMERCIAL CANNABIS BUSINESS PERMIT
#22-02R, AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
W
HEREAS, the Planning Commission of the City of Merced (“Planning Commission”) at its meeting of November 9, 2022 held a public hearing and considered Commercial Cannabis Business Permit #22-02R to allow the operation of a retail cannabis facility located at 1111 Motel Drive shown on the map at Exhibit “A” attached hereto; and,
WH
EREAS, on November 9, 2022, the Planning Commission, after hearing all evidence and testimony and after exercising its independent judgment, adopted Resolution #5000 approving Commercial Cannabis Business Permit #22-02R, subject to the findings and conditions attached therein; and, WH
EREAS, the Appellant (Edwin Kainth on behalf of the Motel Association) appealed the Planning Commission decision to approve Commercial Cannabis Business Permit #22-02R; and,
W
HEREAS, the City Council commenced a de novo review pursuant to a duly noticed public hearing on February 6, 2023, at which time the appellant requested a continuance. After hearing testimony in support and opposition, the City Council voted to continue the item to April 3, 2023; and, W
HEREAS, the City Council continued its de novo review and heard testimony regarding the appeal at its meeting of April 3, 2023 at which time all those interested in the matter were provided the opportunity to provide written or oral testimony regarding the appeal.
N
OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MERCED
DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS
FOLLOWS:
ATTACHMENT 3