June 14, 2024
215 W. FRANKLIN STREET, 5 TH FLOOR | MONTEREY, CALIFORNIA 93940 831- 649- 1100 | WWW.WALKERANDREED.COM
Via Email – [email protected]
June 14, 2024
Christopher A. Callihan, Esq. Author’s Email Address:
City Attorney, City of Salinas [email protected] 200 Lincoln Ave
Salinas, CA 93901
Re: Commercial Cannabis Permit 2023-007 for Relocation Site 1228 South Main Street
Mr. Callihan:
Our office represents a group of concerned Salinas Valley residents regarding the appealed denial of the 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 approval of CCP 2023-007 application for a Commercial Cannabis Permit (the “Appeal”).
Commercial Cannabis Permit Application Amendment 2023- 007 Directly Violates Salinas Municipal Code Section 5-07.27(d)
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]
The opinion held by the Chief of Police, is a legal barrier that the Applicant cannot overcome. A denial from the Selection Committee based upon Salinas City Municipal Code Section 5-07.27(d) is final and unappealable. The City Council must interpret the Salinas City Municipal Code Section 5-07.27(d) as written in the four corners of the document.
June 14, 2024
215 W. FRANKLIN STREET, 5 TH FLOOR | MONTEREY, CALIFORNIA 93940 831- 649- 1100 | WWW.WALKERANDREED.COM
Salinas City Council Has No Authority to Grant an Exception to 5-07.27(d).
Salinas City Municipal Code Section 5 -07.27(d), as it is written, does not afford the right to an appeal or exception to the explicit restriction on approval of the Commercial Cannabis Permit upon the opinion of the Salinas City Chief of Police’s opinion, as evidenced in the March 19, 2024 letter by Sergeant Gerry Magana, that:
“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).”
Salinas City Municipal Code Section 5- 07.27(c) permits the City Council or Planning Commission as the Appellate body the ability to grant an exception to the distance restriction to sensitive use locations, as stated below:
“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 appellate body may grant an exception to the limitations set forth in this subsection upon findings that the intent of this article would otherwise be met. No such exception will be granted, however for the distance limitations from those uses listed in subsections (a)(1) and (a)(2).”
No such exception or appeals process is afforded to the Applicant or any Commercial Cannabis Permit Applicant, under 5-07.27(d). The City Council has no authority to overrule the opinion or discretion of the Chief of Police under Salinas City Municipal Code Section 5-07.27(d), or to grant an exception to the Applicant when the denial of the Application Amendment by the Selection Committee was due to the Chief of Police’s opinion that the Cannabis Dispensary in this 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.”
Approval of the Commercial Cannabis Permit Amendment Application 2023- 007 Will Violate Salinas City Municipal Code Section 5-07.27(d).
The City Council must adhere to the Salinas City Municipal Code Section 5-07.27(d), as it is written and must deny the Applicant’s appeal. Any other determination will result in the City Council violating the very laws that they have created for the regulation of Commercial Cannabis Businesses to protect the health, safety, and wellbeing of its citizens.
June 14, 2024
215 W. FRANKLIN STREET, 5 TH FLOOR | MONTEREY, CALIFORNIA 93940 831- 649- 1100 | WWW.WALKERANDREED.COM
We request that this letter be included in the City Council file record, and that my office receive future notices as an interested party.
Very Truly Yours,
Hansen P. Reed, Esq.
HPR/mb
cc: Clients via email
Salinas City Council – [email protected]