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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)
Thursday, October 13, 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. “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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.
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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 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 - 2 -
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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 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
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue.
PUBLIC COMMENTS
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.
HEARINGS
Published in the Modesto Bee on September 25, 2022.
1 Hearing to consider the relocation request of retail dispensary Doctor’s Choice from 2039 Yosemite Boulevard to 121 Phoenix Ave and granting a residential proximity waiver and forwarding to Council for final action. (Funding Source: Cannabis Permit Application and Annual Permit Fees)
CED; Sean Rando, 209-577-5473, [email protected]
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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:
October 13, 2022
Date: August 16, 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: Doctor’s Choice Dispensary Cannabis Business Permit (Type 10 Commercial Storefront Retailer) Relocation Request from 2039 Yosemite Avenue to 121 Phoenix Avenue, Modesto, CA 95350
CONTACT: Sean M. Rando, Business Analyst, [email protected], 209-577-5473 DESCRIPTION:
Hearing to consider the relocation request of retail dispensary Doctor’s Choice from 2039 Yosemite Boulevard to 121 Phoenix Ave and granting a residential proximity waiver and forwarding to Council for final action. (Funding Source: Cannabis Permit Application and Annual Permit Fees)
STRATEGIC PLAN ELEMENT:
Allowing an established cannabis business to relocate and reinitiate operations will directly promote the goal of economic vitality which is consistent with the City Council 2020-2025 Strategic Plan Goal E, Drive Economy Vitality.
BACKGROUND:
Commercial Cannabis Businesses
In December 2017, the City Council adopted Ordinance 3684-C.S. legalizing certain commercial cannabis business operations, allowing up to ten (10) cannabis dispensaries with no limit on the number of non-dispensary businesses. Since that time, the City has approved eight (8) cannabis dispensary businesses, seven (7) of which are operational, as well as six (6) nondispensary cannabis businesses, three (3) of which are operational. In 2021 the Council formed a Cannabis Permit Review Committee (Committee) and delegated the authority to approve nondispensary and non-delivery cannabis businesses to said Committee. #1.
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Cannabis Program and Permit Review Committee, October 13, 2022 Doctor’s Choice Dispensary Cannabis Business Permit (Type 10 Commercial Storefront Retailer) Relocation Request from 2039 Yosemite Avenue to 121 Phoenix Avenue, Modesto, CA 95350
Earlier this year, the Council expanded the role of the Committee to advise the Council on all cannabis-related issues and renamed the Committee, the Cannabis Program and Permit Review Committee.
Doctor’s Choice is one of the eight (8) currently licensed and permitted dispensaries approved within the City. Their original location, approved by council with a permit issued on December 19, 2018, is located at 2039 Yosemite Boulevard. The original lease term for this property commenced on December 1, 2018 and ended on November 30, 2021. When presented with new lease terms by the property owner, Doctor’s Choice opted to not renew the lease and pursue a new location that would be close in proximity to the area of their prior, approved location.
DISCUSSION:
Proposed Cannabis Retail location
The City’s Cannabis Ordinance, codified in part in Modesto Municipal Code (MMC) section 10-
3.703(a), requires retailer type 10 businesses to operate in commercial zone C-2, C-3, C-M, as well as industrial zone M-1 and M-2. The proposed location of 121 Phoenix Avenue is in a C-2 zone intended for general commercial purposes. MMC section 10-3.703(b) levies further requirements that no commercial cannabis land use shall be located within one hundred (100) feet of any residential use. The proposed relocation site is approximately eighty-nine (89) feet from a residential area located to the west of the property based on a proximity study.
The Cannabis Ordinance allows for the waiver of proximity requirements by the City Council, if an impassible physical barrier exists between the commercial cannabis businesses and the land use that is causing a proximity issue. In December of 2018, during the original approval process for the eight (8) currently operating dispensaries, six (6) proposals requested waivers. Modesto City Council Resolution No. 2018-566 approved the waivers for the six requestees with the requirement that the dispensaries construct an impassable physical barrier.
Doctor’s Choice submitted revised security and site plans for the proposed site at 121 Phoenix Avenue to the City for review. These plans call for an 8-foot-high wrought iron fence with a locking gate to the rear of the business, which will provide the impassible physical barrier required in order for the Council to consider the proximity waiver. These plans were reviewed by the City’s consultant HdL as well as various City departments and they were found to be compliant with all state and local regulations.
FISCAL IMPACT:
The applicant has remitted the $6,380 cannabis permit application fee for the relocation, 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, upon resuming operations, will remit the cannabis excise tax, which is 8% of gross revenue for a retail commercial cannabis business.
CEQA REQUIREMENTS:
The proposed location for the relocating of this commercial retail Type 10 business permit 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. #1.
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Cannabis Program and Permit Review Committee, October 13, 2022 Doctor’s Choice Dispensary Cannabis Business Permit (Type 10 Commercial Storefront Retailer) Relocation Request from 2039 Yosemite Avenue to 121 Phoenix Avenue, Modesto, CA 95350
Staff Recommendation:
Motion to provide committee recommendations to the full City Council for a resolution approving the relocation of the Type 10 business permit for Doctor’s Choice to 121 Phoenix Avenue, including a residential proximity waiver, and forwarding to council for final action.
Approved by:
Jaylen French, Director of Community and
Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Vicinity Map
2. Site Plan
3. Floor Plan
4. Security Plan
#1.
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City of Modesto
Community and Economic Development
Department
1010 Tenth Street, 3
rd Floor
Modesto, CA 95354
CEDD – Phone: (209) 571-5566
Attachment: Proximity map created by CED Planning Division for 127 Phoenix Ave. #1.
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EXISTING STORE
EXISTING STORE
EXISTING STORE
EXISTING PARKING
NEW ADDITIONAL PARKING
EXISTING ALLEY
60'
127.60'
60'
PHOENIX AVENUE
LOADING /
UNLOADING OF
SHIPMENTS
FRONT ENTRY / EXIT
REAR ENTRY / EXIT
123
SCALE:
SURVELLANCE REC. EQUP.
Job#:
Scale:
Date:
Drawn By:
Checked By:
Description
AS NOTED
SHEET:
2/4/22
Documents prepared by Elevation
Design + Consulting are to be used
only for the specific project and
specific use for which they are
intended. Any extension of use to
other projects, by owner or any
other party, without the expressed,
written consent ofElevation Design +
Consulting is done at the user's own
risk. If used in a way other than that
specifically intended, user will hold
Elevation Design + Consulting
harmless from all claims and losses.
20-039
SCU
JM
elevation
DESIGN + CONSULTING
PO BOX 1159 CERES,CA 95307
PH) 209 . 872 . 2099
A1.0
SABINO URRUTIA
SITE PLAN
DOCTOR'S CHOICE MODESTO, LLC
127 PHOENIX AVENUE
MODESTO, CA. 95354
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