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www.modestogov.com
AGENDA
City of Modesto
CANNABIS PROGRAM AND PERMIT REVIEW COMMITTEE
/ COUNCIL WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Monday, June 20, 2022 at 4:00 PM
*Roll Call: Rosa Escutia-Braaton, Chair
Sue Zwahlen, Vice-Chair
Tony Madrigal, Member
Alternates: Jenny Kenoyer, Chris Ricci, David Wright
* Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in.
THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe and participate in the meeting via teleconference as indicated below.
PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings.
If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee - 1 -
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Members and placed in the record but will not be read aloud during the meeting. Written comments must be received by 2:00 p.m. on the day of the meeting.
VIRTUAL PARTICIPATION BY ZOOM VIDEO
CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.
Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.
USING A COMPUTER OR SMART PHONE APP:
Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
City staff will unmute your microphone when it is your turn to provide public comment.
A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again.
USING A REGULAR PHONE (not using a computer or smart phone APP):
Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
City staff will unmute your microphone when it is your turn to provide - 2 -
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public comment.
You will hear “you are unmuted” and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again. If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.
Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
The Cannabis Program and Permit Review Committee has final authority to approve Commercial Cannabis Permits (excluding cannabis dispensary and delivery permits) pursuant to Modesto Municipal Code Section 10-3.704 - Application and Permit Procedures.
Council has not delegated directive or final approval authority to the Committee, other than the approval authority under Section 10-3.704. Committee actions on all other items are recommendations to the full Council, not final decisions on an issue.
Declaration of Conflicts of Interest
ACKNOWLEDGEMENTS AND PRESENTATIONS
1 Presentation of Cannabis Program Overview (Funding Source: Not Applicable) CED; Jorge Barrera, 209-571-5179, [email protected] 2 Presentation of Cannabis Equity Program Overview (Funding Source: Not Applicable) CED; Jorge Barrera, 209-571-5179, [email protected]
PUBLIC COMMENTS
Please refer to special public comment instructions above.
Three-minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Committee members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.
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HEARINGS
Published in the Modesto Bee on June 10, 2022
3 Hearing to consider approving a commercial cannabis microbusiness Type 12 business permit for Valley Fire House LLC, located at 509 Winmoore Way, with appropriate conditions. (Funding Source: Cannabis Business Permit Fees) Staff Recommendation:
Resolution approving a commercial cannabis Type 12 microbusiness permit for Valley Fire House. LLC, located at 509 Winmoore Way.
CED; Steve Mitchell, 209-577-5287, [email protected]
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the Committee and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 20, 2022
Date: June 1, 2022
TO: Cannabis Program and Permit Review Committee
Rosa Escutia-Braaton, Chair
Sue Zwahlen, Vice-Chair
Tony Madrigal, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French
Director of Community and Economic Development
SUBJECT: Commercial Mircobusiness Type 12 Business Permit Valley Fire House, LLC (509 Winmoore Way)
CONTACT: Steve Mitchell, Planning Manager, [email protected], 209-577-5287 DESCRIPTION:
Hearing to consider approving a commercial cannabis microbusiness Type 12 business permit for Valley Fire House LLC, located at 509 Winmoore Way, with appropriate conditions. (Funding Source: Cannabis Business Permit Fees)
STRATEGIC PLAN ELEMENT:
Approval of a new cannabis business promotes the City Council’s 2020-2025 Strategic Plan, Goal E Drive Economic Vitality by promoting new and expanding businesses.
BACKGROUND:
Commercial Cannabis Businesses
In December 2017, the City Council adopted Ordinance 3684-C.S. legalizing certain commercial cannabis business operations in particular zoning districts. Since that time, the City has approved eight (8) cannabis dispensary businesses, and six (6) non-dispensary cannabis businesses, three (3) of which are currently operating.
The City Council approved all cannabis businesses currently operating in the City, but in 2021 formed a Cannabis Permit Review Committee and delegated the authority to approve nondispensary and non-delivery cannabis businesses to that Committee in lieu of Council action.
Earlier this year, the Council expanded the role of the Committee to advise the Council on all cannabis-related issues and renamed the Committee to the Cannabis Program and Permit Review Committee. This is the first non-dispensary application to be considered by the Committee since its formation.
The Valley Fire House LLC commercial microbusiness Type 12 business permit application is subject to a non-competitive review process consisting of the following two phases. #3.
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Cannabis Permit Review, June 20, 2022
Commercial Microbusiness Type 12 Business Permit
Valley Fire House LLC (509 Winmoore Way)
Phase 1: Submission of forms related to applicant(s) information, proposed business location, property owner authorization, and a background check process. Phase 2: Submission of responses to the City’s Phase 2 Application, including applicant team information and company history, business plan, site and operating plans, security information and plans, odor control, waste disposal and financial information. Additional information and/or analyses may be required, as needed, on a case-by-case basis.
City staff and the City’s cannabis consultant, HdL Companies, reviewed the Phase 2 application materials and determined that the proposed Valley Fire House permit application conforms to the City’s cannabis Ordinance. As a result of that review, two standard / typical conditions of approval were identified; these are described below.
DISCUSSION:
Proposed Cannabis Microbusiness
The proposed Valley Fire House LLC commercial cannabis Type 12 microbusiness is to be located within the existing Valley Gardening Supplies storefront located at 509 Winmoore Way, in Suite H. A Type 12 cannabis microbusiness is defined as a business that does three of the four activities: cultivation business of less than 10,000 square feet, a licensed distributor, a storefront or non-storefront retailer, or Type 6 (non-volatile) manufacturer.
Conditions of Approval
Modesto Municipal Code section 10-3.704(f)(8) allows the City to prepare conditions of approval in addition to the requirements of the code, based on the City’s review of the application. Based on review of the application, City staff recommends the following project-specific conditions of approval.
1. City staff, with assistance and representation by HdL Companies staff, will be authorized to access the business site / location before, during and after construction of tenant improvements and business operations in order to inspect and document various components of business operations, security systems, inventory access and control procedures, and/or any other points of concern.
2. Valley Fire House LLC staff is required to submit a completed City of Modesto Wastewater Discharge Permit Application form within 30 days of beginning business operations. City staff will conduct ongoing inspections as needed to verify wastewater discharge from the business. Valley Fire House LLC representatives will fully cooperate with City’s inspections and inquiries.
FISCAL IMPACT:
The applicant has paid the $6,380 cannabis permit application fee, which covers staff and HdL costs for processing the application. The applicant will also remit the annual permit fee to cover on-going costs, which is currently set at $18,732. The business, should it become operational, will remit the cannabis excise tax, which is 4% for a microbusiness. #3.
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Cannabis Permit Review, June 20, 2022
Commercial Microbusiness Type 12 Business Permit
Valley Fire House LLC (509 Winmoore Way)
CEQA REQUIREMENTS:
The proposed commercial microbusiness Type 12 business permit application is exempt from the California Environmental Quality Act under the existing facilities exemption in Regulation 15301. The proposed project is permitted under the current zoning code.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations
Resolution approving a commercial cannabis Type 12 microbusiness permit for Valley Fire House. LLC, located at 509 Winmoore Way.
Approved by:
Jaylen French, Director of Community and
Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Vicinity Map
3. Site Plan
4. Floor Plan
#3.
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1 CITY OF MODESTO
CANNABIS PROGRAM AND PERMIT REVIEW COMMITTEE
RESOLUTION NO. 2022-
RESOLUTION APPROVING A COMMERCIAL CANNABIS TYPE 12
MICROBUSINESS PERMIT FOR VALLEY FIRE HOUSE LLC LOCATED AT 509 WINMOORE WAY
WHEREAS, on December 12, 2017, the City Council adopted a Commercial Cannabis Ordinance, Ordinance 3684-C.S., that established the City’s regulatory framework for commercial cannabis uses, and
WHEREAS, the Ordinance establishes certain standards and criteria that apply to all potential commercial cannabis businesses, and
WHEREAS, on April 13, 2021 the City Council by Resolution No. 2021-132 established the Cannabis Permit Review Committee for the purpose of reviewing and approving commercial non-dispensary and non-delivery cannabis businesses, and WHEREAS, on March 1, 2022, the Council by Resolution No. 2022-109 expanded the role of the Cannabis Permit Review Committee to advise the Council on all cannabis-related matters and renamed the Committee to the Cannabis Program and Permit Review Committee, and
WHEREAS, Valley Fire House 209 has applied for a Type 12 Microbusiness permit to include cultivation, non-volatile manufacturing and distribution located at 509 Winmoore Way, and
WHEREAS, the application has been reviewed by City staff and the City’s cannabis consultant, HdL, and has been determined to be in compliance with the City’s cannabis ordinance and applicable State law, and
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2 WHEREAS, the Cannabis Program and Permit Review Committee held a properly noticed public hearing to consider the Valley Fire House Type 12 Microbusiness permit application on June 20, 2022, and
WHEREAS, the City Council desires to issue commercial cannabis business permits to qualified operators at approved locations that comply with state and local laws and regulations, enhance the diversity of the City’s economy, mitigate negative impacts, provide a variety of locations and types of cannabis businesses to the community, and best promote the public health, safety, and general welfare of Modesto residents and businesses, and
WHEREAS, the permit is exempt from CEQA under Section 15301 of the CEQA Guidelines, which exempts the reuse of existing facilities.
NOW, THEREFORE, BE IT RESOLVED by the City of Modesto Cannabis Program and Permit Review Committee, that it hereby approves a Commercial Cannabis Type 12 Microbusiness Permit to Valley Fire House LLC, located at 509 Winmoore Way, subject to the following conditions:
1. City staff, with assistance and representation by HdL Companies staff, will be authorized to access the business site / location before, during and after construction of tenant improvements and business operations after giving reasonable notice in order to inspect and document various components of business operations, security systems, inventory access and control procedures, and/or any other points of concern.
2. Valley Fire House LLC staff is required to submit a completed City of Modesto Wastewater Discharge Permit Application form within thirty (30) days of beginning business operations. City staff will conduct ongoing inspections as needed to verify wastewater discharge from the business. Valley Fire House LLC representatives will fully cooperate with City’s inspections and inquiries.
The foregoing resolution was introduced at a regular meeting of the Cannabis Program and Permit Review Committee held on the 20th day of June, 2022, by #3.
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3 Committee Member , who moved its adoption, which motion being duly seconded by Committee Member , was upon roll call carried and the resolution adopted by the following vote:
AYES: Committee Member:
NOES: Committee Member:
ABSENT: Committee Member:
BY ORDER OF THE CANNABIS PROGRAM AND PERMIT REVIEW
COMMITTEE OF THE CITY OF MODESTO.
ATTEST: _____________________________
Rosa Escutia-Braaton, Chair
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WINMOORE WY
PRIMO WY
RELIANCE ST
ANGELO WY
O
DIS-21-003 EXH Cannabis Location - Proximity Map - Wide View.mxd 1-20-22
1 inch = 100 feet
2017 Aerial Data
NDP-21-003
509 Winmoore Ave
APN 086-011-014
Distance to Nearest Residence:
Over 600'
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