April 2, 2024
215 W. FRANKLIN STREET, 5 TH FLOOR | MONTEREY, CALIFORNIA 93940 831- 649- 1100 | WWW.WALKERANDREED.COM
Via Email – [email protected]
April 2, 2024
Christopher A. Callihan, Esq. Author’s Email Address:
City Attorney, City of Salinas [email protected] 200 Lincoln Ave
Salinas, CA 93901
Re: April 3, 2024 City of Salinas Planning Commission Meeting
Conditional Use Permit 2022- 048 and Commercial Cannabis Permit 2023- 007 for Subject Site 1228 South Main Street in the Commercial Retail – South Main Street Focused Growth Overlay District (CR-FG-3) Zoning District
Mr. Callihan:
Our office represents a group of concerned Salinas Valley residents regarding the proposed Conditional Use Permit 2022- 048 and Commercial Cannabis Permit 2023 -007 to re -locate the Cannabis Dispensary “CannaCruz” from their location on 1156 Abbott Street to 1228 South Main Street (the “Property”). This letter serves to direct opposition to the CUP 2022-048 and CCP 2023- 007 application for a Conditional Use Permit and Commercial Cannabis Permit (collectively the “Application”).
Commercial Cannabis Permit Application 2023-007 – Cannot Be Illegally Approved by the City of Salinas
The Commercial Cannabis Permit Application 2023 -007, by the terms of Salinas City Municipal Code 5.07.27(d) , cannot be approved by the City of Salinas and must be denied.
Salinas City Municipal Code Section 5.-07.27(d) states in full:
“NO commercial cannabis business may operate within any residential area or district of the city or adjacent to a residential area or district if, in the opinion of the chief of police or the community development director, the operation of a commercial cannabis business in such location would tend to cause a public nuisance or a situation which may result in repeated police department response or a negative impact on the adjacent residential units .” [emphasis added]
April 2, 2024
215 W. FRANKLIN STREET, 5 TH FLOOR | MONTEREY, CALIFORNIA 93940 831- 649- 1100 | WWW.WALKERANDREED.COM
Mr. Wiles included a March 19, 2024 Memorandum from the City of Salinas Police Department by a Sergeant Gerry Manana, copy attached, which specifically states:
“The site is located adjacent to a residential area with close proximity to Salinas High School. It is the opinion of the Chief of Police that the operation of the Commercial Cannabis business in such a location would tend to cause a public nuisance or a situation which may result in a repeated police department response or a negative impact on the adjacent residential units as stipulated in municipal code section 5-07.27(d).”
The Chief of Police specifically found that Commercial Cannabis Permit Application 2023- 007 meets the required threshold for a public nuisance and/or impact on the adjacent residential units (said application cannot be approved). Any approval by the City of Salinas would be in violation of Salinas City Municipal Code Section 5- 07.27(d). A denial based upon Salinas City Municipal Code Section 5-07.27(d) is final and unappealable.
Planning Commission – No Standing to Hear and Approve Commercial Cannabis Permit 2023-007
Notwithstanding the legally required denial, pursuant to Salinas City Municipal Code Section 5-07.27(a) “No commercial cannabis business may operate within one thousand fee t of any of the following sensitive uses:
(3) Church or other house of worship;
(4) Smoke-shops, hookah lounges or businesses engaged in the same or similar activity, and locations where alcohol is sold or served for individual consumption on or off the premises;”
As noted in Thomas Wiles’ April 3, 2024 agenda item application report and packet material, “… the project is located within 1,000 feet of identified sensitive uses listed in subsections 3 and 4…” of Salinas City Municipal Code Section 5-07.27(a)(3) and (4).
Pursuant to Salinas City Municipal Code Section 5- 07.27(c) “An application (including a dispensary application) which has been denied based on any of the limitations set forth in subsections (a)(3) through (a)(7) may be appealed by the applicant in accordance with section 5-
07.10. The appellant body may grant an exception to the limitations set forth in this subsection upon finding that the intent of this article would otherwise be met.” (emphasis added)
Based upon Mr. Wiles’ report, this application and this agenda item is not an appeal but the original hearing on said application. Procedurally the Planning Commission hearing is premature, and it has no standing to make the initial decision on the application. Pursuant to Salinas City Municipal Code 5.07.07(e) the “ …Selection Committee 1 shall have the authority to
either grant or deny an application for a commercial cannabis permit.” Pursuant to Salinas City
1 The Selection Committee is appointed by the City Manager to review applications for commercial cannabis permits.
April 2, 2024
215 W. FRANKLIN STREET, 5 TH FLOOR | MONTEREY, CALIFORNIA 93940 831- 649- 1100 | WWW.WALKERANDREED.COM
Municipal Code 5-07.07(f) upon a Selection Committee denial, the city attorney “…shall prepare and send a notice of denial”… and “…any person denied a commercial cannabis permit shall have the right to appeal such denial in accordance with this sectio n [ Salinas City Municipal Code Section 5-07.10]”.
The Cannabis Committee must first , deny the application based upon the Salinas City Municipal Code Section 5- 07.27(a)(3) and (4) and the applicant then may appeal the denial in compliance and in accordance with Salinas City Municipal Code Section 5-07.10.
Mr. Wiles claims that “The Cannabis Selection Committee is not authorized to consider a cannabis permit for a dispensary located within proximity of sensitive uses.” This is an inaccurate interpretation of the Salinas City Cannabis Code. Nothing in the Salinas City Cannabis Code provides that applications are heard by the Planning Commission and not always first heard by the Selection Committee. What the Cannabis Code does require, is the Selection Committee deny the application based upon Salinas City Municipal Code Section 5- 07.27(a)(3) and (4) 2 which then
triggers the appeal process for the applicant.
Significant Negative Impact to Nearby Community:
In addition, the relocation to the new site will create a significant negative impact greater than those that existed at the original site. The location is centered in an area that caters directly to families such as grocery stores, medical offices, pharmacies, coffee shops, restaurants, and other prominent Salinas businesses. Businesses that stand to be directly negatively impacted by the approval of the Application is Elli’s Great American Restaurant which has long been a Salinas landmark and frequented daily by visitors and Monterey Bay Orthodontics which primarily caters to children. The new site increases the likelihood of crime, vehicle collisions, and a negative perception of the City of Salinas. South Main Street is the gateway from Highway 68 into Salinas and the greater Monterey Bay area, the first or last views visitors have of our City should not be a Cannabis Dispensary.
Should the Planning Commission move forward to approve the Application despite the direct violation of the Municipal Code and against the opinion of the Chief of Police, the City shall be setting a precedent that the increase of tax revenue generated by the Cannabis Businesses will be of greater importance to the City than Municipal Codes set in place to protect the health, safety, and well-being of its residents.
For all of the above reason, it is hereby requested that this item be removed from the April 3, 2024 Planning Commission agenda for lack of standing to hear the application and that the City of Salinas specifically deny such application pursuant to Sergeant Manna’s Memorandum and Salinas City Municipal Code Section 5-07.27(d).
We request that this letter be included in the Planning file record, and that my office receive future notices as an interested party.
2 Additionally the Selection Committee should also deny the Commercial Cannabis Permit Application pursuant to Salinas City Municipal Code 5-07.27(d), which discussion follows.
April 2, 2024
215 W. FRANKLIN STREET, 5 TH FLOOR | MONTEREY, CALIFORNIA 93940 831- 649- 1100 | WWW.WALKERANDREED.COM
I am happy to discuss this letter and the contents herein in more detail at your convenience prior to the Planning Commission meeting on April 3, 2024.
Very Truly Yours,
Hansen P. Reed, Esq.
HP
R/mb
[Enclosures]
cc: C
lients via email
Salinas City Council
Salinas Planning Commission
Thomas Wiles