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Agenda packet

Cannabis Program and Permit Review Committee
May 22, 2023

Document
Agenda packet
Meeting
May 22, 2023
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Cannabis Program and Permit Review Committee
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Text extracted from the city's file for reading and search. Open the original on agenda2.modestogov.com. That file is the official record.

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Amended
www.modestogov.com
AGENDA
City of Modesto

CANNABIS PROGRAM AND PERMIT REVIEW COMMITTEE
/ COUNCIL WORKSHOP
Room 2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, May 22, 2023 at 11:00 AM
Roll Call: David Wright, Chair
Sue Zwahlen, Vice-Chair
Eric Alvarez, Member
Alternates: Nick Bavaro, Rosa Escutia-Braaton, Chris Ricci, Jeremiah Williams “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 BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
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PARTICIPATING IN CITY COUNCIL COMMITTEE MEETINGS
As a courtesy, the City of Modesto is providing alternatives to view Council Committee meetings and provide public comments. 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 two hours before 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.
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 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 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
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.

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item. - 3 -
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Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting

HEARINGS
Published in the Modesto Bee on May 12, 2023.
1 Hearing to consider approving a Commercial Cannabis Microbusiness Type 12 Permit for Fiji Weed Company, LLC, located at 1420 Granite Ln., with appropriate conditions. (Funding Source: Cannabis Business Permit Fees)  Resolution approving a Commercial Microbusiness Type 12 Permit for Fiji Weed Company LLC, located at 1420 Granite Ln, with appropriate conditions.

CED; Sean Rando, 209-577-5473, [email protected]

NEW BUSINESS
2 Consider approving the extension of seven Non-Retail Commercial Cannabis Permits for businesses with various expiration dates to June 30, 2024. (Funding Source:

Cannabis Permit Fees)
 Resolution approving the extension of seven Non-Retail Commercial Cannabis Permits for businesses with various expiration dates to June 30, 2024.

CED; Sean Rando, 209-577-5473, [email protected]

ADJOURNMENT
Posted pursuant to Government Code Section 54956 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:

May 22, 2023
Date: April 25, 2023
TO: Cannabis Program and Permit Review Committee
David Wright, Chair
Sue Zwahlen, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Commercial Cannabis Microbusiness Type 12 Permit application for Fiji Weed Company, LLC (1420 Granite Ln)
CONTACT: Sean M. Rando, Business Analyst,
[email protected], 209-577-5473
DESCRIPTION:

Hearing to consider approving a Commercial Cannabis Microbusiness Type 12 Permit for Fiji Weed Company, LLC, located at 1420 Granite Ln., with appropriate conditions. (Funding Source: Cannabis Business Permit Fees)
STRATEGIC PLAN ELEMENT:

This item is consistent with the City Council 2020-2025 Strategic Plan Goal E, Drive Economy Vitality.

BACKGROUND:

In December 2017, the City Council adopted Ordinance 3684-C.S. legalizing certain commercial cannabis business operations in particular zoning districts. On December 19, 2018, by Resolution 2018-566 the City Council approved and issued eight (8) dispensary permits, which were valid for a period two (2) years from this date. On December 19, 2020, by Resolution 2020-485-489, City Council approved initial renewal applications for the eight (8) retail locations.

Seven (7) non-dispensary cannabis businesses have been approved since that time during different years via various resolutions.

The City Council was the approving body regarding all cannabis businesses operating in the City at the onset of the permit program. On April 13, 2021, by Resolution No. 2021-132, Council established the Cannabis Permit Review Committee (Committee) and delegated the authority to approve non-dispensary and non-delivery cannabis businesses to that Committee. On March 1, 2022, by Resolution No. 2022-109, the Council expanded the role of the Committee to advise #1.
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Cannabis Program and Permit Review Committee, May 22, 2023 Commercial Cannabis Microbusiness Type 12 Permit application for Fiji Weed Company, LLC (1420 Granite Ln)

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the Council on all cannabis-related issues and renamed the Committee, the Cannabis Program and Permit Review Committee.

All non-dispensary project application subject to a non-competitive review process consisting of the following steps:
 Submission of forms related to applicant(s) information, proposed business location, property owner authorization, and a background check process.  Submission of an application packet which includes applicant team information and company history, business plan, site and operating plans, security information and plans, odor control, waste disposal and financial information.

DISCUSSION:

Fiji Weed Company applied for a commercial cannabis microbusiness permit on February 24, 2020. The proposed commercial cannabis Type 12 microbusiness is to be located within suite B of an existing commercial warehouse located at 1420 Granite Ln. A Type 12 cannabis microbusiness is defined as a cultivation business of less than 10,000 square feet, which also acts as a licensed distributor and Type 6 (non-volatile) manufacturer.

All background checks and zoning requirements were met with the location being within a properly designated industrial zone. The nearest area of sensitive use is a residential neighborhood two-hundred and fifty (250) feet away from 1420 Granite Ln. Pursuant to Modesto Municipal Code Section 10-3.703(b)(2), no commercial cannabis use shall be located within one hundred (100) feet of any residential use. Staff cleared the applicant to move to the next step of their application which involves the submission of a business, security, safety, and environmental plan for the City to review. This packet was provided by Fiji Weed Company on December 21, 2022. All submissions were deemed complete on February 13, 2023.

The applicant’s business will be a new vertically integrated family-owned and operated craft cannabis company that will perform operations under a microbusiness license. They will specialize in cannabis cultivation, manufacturing, and distribution. The business will produce self-sufficient indoor cannabis which will use eco-friendly methods of producing minimal waste of natural resources.

City staff and the City’s current cannabis consultant reviewed the application materials and determined that the proposed Fiji Weed Company 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.

The Cannabis Ordinance requires that City staff prepare conditions of approval in addition to the requirements of the Ordinance, 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 to inspect and document various components of #1.
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Cannabis Program and Permit Review Committee, May 22, 2023 Commercial Cannabis Microbusiness Type 12 Permit application for Fiji Weed Company, LLC (1420 Granite Ln)

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business operations, security systems, inventory access and control procedures, and/or any other points of concern.

2. Fiji Weed Company LLC 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. Fiji Weed Company LLC representatives will fully cooperate with City’s inspections and inquiries.

FISCAL IMPACT:

The anticipated ongoing administrative and oversight costs will be offset with the annual commercial cannabis permit fee which is currently $18,732. The business will also be subject to the City’s cannabis excise tax of 4% for microbusinesses.

CEQA/NEPA 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 RECOMMENDATION:

Resolution approving a Commercial Microbusiness Type 12 Permit for Fiji Weed Company LLC, located at 1420 Granite Ln, with appropriate conditions.

Approved by:

Jessica Hill,
Interim Director of Community and Economic
Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Vicinity Map

3. Public Comments Received
#1.
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05/22/2023/CED/SRando/Item-XX 1 2023-XX

CITY OF MODESTO

CANNABIS PROGRAM AND PERMIT REVIEW COMMITTEE
RESOLUTION NO. -2023
RESOLUTION APPROVING A COMMERCIAL MICROBUSINESS TYPE 12 PERMIT FOR FIJI WEED COMPANY LLC, LOCATED AT 1420 GRANITE LN,

WITH APPROPRIATE CONDITIONS
WHEREAS, the City Council has 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-retail 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, Fiji Weed Company LLC has applied for a Type 12 Microbusiness permit to include cultivation, non-volatile manufacturing and distribution located at 1420 Granite Lane; and
WHEREAS, the application has been reviewed by City staff and the City’s current cannabis consultant, HdL, and has been determined to be in compliance with the City’s cannabis ordinance and applicable State law; and #1.
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WHEREAS, the Cannabis Program and Permit Review Committee held a properly noticed public hearing to consider the Fiji Weed Company LLC’s Type 12 Microbusiness permit application on May 22, 2023; and
WHEREAS, the City Council desires to issue commercial cannabis business permits to qualified operators at permitted 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 herby approves a Commercial Cannabis Type 12 Microbusiness Permit for Fiji Weed Company LLC, located at 1420 Granite Lane, 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 to inspect and document various components of business operations, security systems, inventory access and control procedures, and/or any other points of concern.

2. Fiji Weed Company LLC 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. Fiji Weed Company LLC representatives will fully cooperate with City’s inspections and inquiries. #1.
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The foregoing resolution was introduced at a regular meeting of the Cannabis Program and Permit Review Committee held on the 22nd day of May, 2023 by Committee Member , who moved its adoption, which motion being duly seconded by Chair , was upon roll call carried and the resolution adopted by the following vote:

AYES: Committee Members:

NOES: Committee Members:

ABSENT: Committee Members:

ATTEST: _____________________________
DAVID WRIGHT, Chair
#1.
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N CARPENTER RD

GRANITE LN

SHADDOX AVE

MC WILLIAMS WY
1521
1521
1521
1548
1524
1466
1442
1408
1404
1400
1328
1324
1336
1348
1366
1406
1436
1413 1405 1331
1420 1416 1412
1324
1401
1341
1521
1445
1421
1405
1621 1617 1609
1620
1616
1612
1329
1321
1349
1345
1343
1521
O
NDP-20-001 EXH Cannabis Location - Proximity Map 3-24-20.mxd 3-15-23
1 inch = 125 feet
2022 Aerial Data
NDP-20-001
1420 Granite Ln
APN 029-050-015
Distance to Nearest Residence:
250'
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1401 McWilliams Way
Modesto, CA 95351
Phone: (209) 572-7390
May 16, 2023
Mr. Sean Rando
Community and Economic Development Department
City of Modesto
1010 Tenth St.

Modesto, CA 95354
RE: Application for Fiji Weed Company at 1420 Granite Lane, Modesto, CA

FOR PUBLIC COMMENT
We own the properties at 1401 McWilliams Way and 1341 McWilliams Way, Modesto.

Both of these properties are within less than a quarter mile of the proposed cannabis facility.

This area is successfully operating as home for many manufacturing, utility and serviceoriented businesses.

PG&E and AT&T both have facilities in the near proximity to 1420 Granite and both companies could be negatively influenced from the clientele of a cannabis facility. The AT&T yard in particular has suffered a lot of criminal theft and vehicle damage from theft through the recent years.

This location is not appropriate for a facility of this type, and it should be located in an area that does not include a place of worship and a religious school like the Islamic Center of Modesto at 1445 N. Carpenter Road.

Thank You,
Jeff Grover
#1.
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

May 22, 2023
Date: April 25, 2023
TO: Cannabis Program and Permit Review Committee
David Wright, Chair
Sue Zwahlen, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Non-Retail Commercial Cannabis Permit Extensions CONTACT: Sean M. Rando, Business Analyst, [email protected], 209-577-5473 DESCRIPTION:

Consider approving the extension of seven (7) Non-Retail Commercial Cannabis Permits for businesses with various expiration dates to June 30, 2024. (Funding Source: Cannabis Permit Fees)
STRATEGIC PLAN ELEMENT:

This item is consistent with the City Council 2020-2025 Strategic Plan Goal E, Drive Economy Vitality.

BACKGROUND:

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 seven (7) non-dispensary cannabis businesses, three (3) of which are currently operating.

The City Council was the approving body regarding all cannabis businesses operating in the City. On April 13, 2021, by Resolution No. 2021-132, Council established the Cannabis Permit Review Committee (Committee) and delegated the authority to approve non-dispensary and non-delivery cannabis businesses to that Committee. On March 1, 2022, by Resolution No. 2022-109, 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.

Non-Retail commercial cannabis permits have been issued to the following businesses:
 Big Dipper Brands, LLC
o 1919 Morgan Rd.
#2.
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Cannabis Program and Permit Review Committee, May 22, 2023 Non-Retail Commercial Cannabis Permit Extensions

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o Microbusiness
o Permit issued on September 10, 2019
 Farm 209 Manufacturing, LLC
o 1919 Morgan Rd.
o Manufacturing
o Permit issued on August 13, 2019
 Farm 209, LLC
o 1919 Morgan Rd.
o Cultivation
o Permit issued on August 13, 2019
 Patient Care Services of California Inc. (VIP)
o 1404 N. Carpenter Rd.
o Cultivation
o Permit issued on August 13, 2019
 Legacy Nursery, LLC
o 1919 Morgan Rd.
o Nursery
o Permit issued on September 10, 2019
 Nuggy
o 2432 Nickerson Dr.
o Manufacturing and Cultivation
o Permit issued on September 8, 2020
 Valley Fire House, LLC
o 509 Winmore Ave suite H
o Microbusiness
o Permit issued on June 20, 2022
DISCUSSION:

Seven businesses have been issued permits since 2017. Of the seven (7) businesses three (3) are currently open, Legacy Nursery (Nursery), Farm 209 (Cultivation), and VIP (Cultivation).

Although four of the non-retail businesses have not opened within the 18-month Municipal Code requirement which may serve as grounds for permit revocation or non-renewal pursuant to Modesto Municipal Code Section 10-3.705(a)(3) they have demonstrated progress with the submittal of tenant improvement plans and applications for building permits. Staff is working with these businesses and helping them navigate various state approvals, securing building permits, and obtaining their certificate of occupancy. Across the State they are seeing these types of delays due to the extensive environmental and State permitting requirements.

Pursuant to Modesto Municipal Code Section 10-3.704(f)(5), cannabis permits are valid for two years from the date of approval, and therefore the previously mentioned non-retail permits were set to expire on disparate dates ranging from September 8, 2022 to June 20, 2024. This would require multiple Cannabis Program and Permit Review committee meetings throughout the renewal year for consideration of a routine and similar topic. Staff is recommending the extension of the current non-dispensary renewal period to June 30, 2024, to better align the commercial cannabis non-retail permits with the City of Modesto’s fiscal year in addition to creating a single expiration date for all future non-retail permits. #2.
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Cannabis Program and Permit Review Committee, May 22, 2023 Non-Retail Commercial Cannabis Permit Extensions

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FISCAL IMPACT:

The annual permit fee is currently set at $18,732, which covers costs related to the administration and monitoring of the cannabis permits. The City Council on December 4, 2018, also approved the implementation of the cannabis excise tax which ranges from 1% to 4% for non-retail cannabis businesses. Additionally, there is no change in fiscal impact by extending the commercial non-dispensary permits to June 30, 2024.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Resolution approving the extension of seven (7) Non-Retail Commercial Cannabis Permits for businesses with various expiration dates to June 30, 2024.

Approved by:

Jessica Hill,
Interim Director of Community and Economic
Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
#2.
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05/22/2023/CED/SRando/Item-XX 1 2023-XX

CITY OF MODESTO

CANNABIS PROGRAM AND PERMIT REVIEW COMMITTEE
RESOLUTION NO. -2023
RESOLUTION APPROVING THE EXTENSION OF SEVEN (7) NON-RETAIL

COMMERCIAL CANNABIS PERMITS FOR BUSINESSES WITH VARIOUS EXPIRATION DATES TO JUNE 30, 2024
WHEREAS, the City Council has 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-retail 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, City Council issued commercial cannabis permits to the following non-retail commercial cannabis businesses with the exception of the permit for Valley Firehouse which was issued by the Cannabis Program and Permit Review committee:
 Legacy Nursery LLC Via Resolution 2019-403
 Farm 209 LLC Via Resolution 2019-373
 Farm 209 LLC Manufacturing Via Resolution 2019-374
 Nuggy Via Resolution 2020-384
#2.
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05/22/2023/CED/SRando/Item-XX 2 2023-XX
 Big Dipper Brands Via Resolution 2019-402
 Patient Care Services
of California, Inc. (VIP) Via Resolution 2019-375
 Valley Fire House LLC Via Resolution 01-2022 ; and
WHEREAS, three of the seven businesses are currently open, Legacy Nursery, Farm 209, and VIP. Although four of the non-retail businesses have not opened within the 18-month Municipal Code requirement which may serve as grounds for permit revocation or non-renewal pursuant to Modesto Municipal Code Section 10-3.705(a)(3) they have demonstrated progress with the submittal of tenant improvement plans and applications for building permits; and
WHEREAS, city Staff is working with the non-operational businesses by assisting them in the navigation of various state approval processes, securing building permits, and obtaining certificates of occupancy; and
WHEREAS, Commercial Cannabis businesses across the state are experiencing delays in opening due to extensive environmental and State permitting requirements; and WHEREAS, Modesto Municipal Code 10-3.704(f)(5) states that cannabis permits are valid for two years from the date of City Council approval, and that therefore the above-listed permits were set to expire on disparate dates ranging from September 8, 2022 to June 20, 2024; and
WHEREAS, an extension of the current non-dispensary renewal period to June 30, 2024 is necessary to better align the commercial cannabis non-retail permits with the City of Modesto’s fiscal year in addition to creating a single expiration date for all future non-retail permits.
#2.
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05/22/2023/CED/SRando/Item-XX 3 2023-XX
NOW, THEREFORE, BE IT RESOLVED by the City of Modesto Cannabis Program and Permit Review Committee, that it herby approves the extension of seven (7) non-retail commercial cannabis permits for businesses with various expiration dates to June 30, 2024.

The foregoing resolution was introduced at a regular meeting of the Cannabis Program and Permit Review Committee held on the 22nd day of May, 2023 by Committee Member , who moved its adoption, which motion being duly seconded by Chair , was upon roll call carried and the resolution adopted by the following vote:

AYES: Committee Members:

NOES: Committee Members:

ABSENT: Committee Members:

ATTEST: _____________________________
DAVID WRIGHT, Chair
#2.
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