When recorded, return to:
CITY OF SALINAS
Community Development Department
65 West Alisal Street, Salinas, CA 93901
Attn: Thomas Wiles, Senior Planner
SPACE ABOVE FOR RECORDER’S USE ONLY
_____________________________________________________________________________________________________________ Title of Document
CONDITIONAL USE PERMIT NO. 2022-048
(Related to CCP 2023-007)
City of Salinas
Community Development Department
WHEREAS, on March 20, 2024, the Salinas Planning Commission, at the request of the Applicant, Canna Cruz Inc., held a duly noticed special public hearing to consider Conditional Use Permit 2022-048; request to change the use from Retail to a proposed two-tenant Shopping Center within an existing 20,162 square-foot building; and WHEREAS, on March 20, 2024, the Salinas Planning Commission continued this item to the April 3, 2024 public hearing; and WHEREAS, the two shopping center uses include a 9,413 square-foot furniture store retail use in the front portion of the building and a 10,749 square-foot Cannabis Dispensary with accessory Delivery and Distribution retail use in the rear portion; and WHEREAS, the proposed shopping center includes 40 off-street parking spaces, which is below the required 81 off street parking spaces by the Zoning Code, resulting in a request for a 41-space (51%) Parking Reduction per Zoning Code Table 37-50.100; and WHEREAS, CUP 2022-048 includes a requested exception from the requirements of Zoning Code Section 37-50.200 to allow for internal waste storage to be located within the existing structure, and Alternative Means of Compliance for landscaping; and WHEREAS, applicant also requests to amend Commercial Cannabis Permit 2023-003 to allow the relocation of an existing Cannabis Dispensary with accessory Delivery and Distribution from 1156 Abbott Street to the subject site located at 1228 South Main Street within proximity of sensitive use buffers (CCP 2023-007); and WHEREAS, on April 3, 2024, the Salinas Planning Commission denied CUP 2022-048 pursuant to Planning Commission Resolution 2024-04; and WHEREAS, on April 12, 2024, the Applicant appealed the Salinas Planning Commission denial of CUP 2022-048 to the Salinas City Council; and WHEREAS, on May 21, 2014, pursuant to Zoning Code Section 37-60.1300(a), the Applicant requested an extension to the hearing date for the appeal to the City Council to allow for both CUP 2022-048 and related CCP 2023-007 to be considered on the same City Council hearing date WHEREAS, on June 18, 2024, the City Council weighed the evidence presented at said public hearing, including the Staff Report which is on file at the Community Development Department together with the record of environmental review; and made the following findings; The proposed location of the use and structure is in accord with the objectives of the Salinas Zoning Code and the purposes of the zoning district in which the site is located; The use and structure will comply with use and development standards of the Salinas Zoning Code, including the specific conditions required for the proposed use and structure; The location of the use and structure and the proposed conditions under which it would be operated and maintained will be consistent with the Salinas General Plan and will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use, nor detrimental to properties or improvements in the vicinity or the general welfare of the City of Salinas; and This conditional use has been evaluated in accordance with the California Environmental Quality Act, as amended; and that the Salinas Planning Commission has reviewed and considered an exemption from the California Environmental Quality Act.
NOW, THEREFORE, the Salinas City Council hereby grants and issues Conditional Use Permit No. 2022-048 pursuant to Article VI, Division 8: Conditional Use Permits, of Chapter 37 of the Salinas City Code and upon the following terms and conditions and not otherwise, to wit:
ISSUED TO: Canna Cruz, Inc.
PROPERTY OWNER: Samuel & Marguerite Kobrinsky, Trustees FOR USE: Change the use from Retail to a proposed two-tenant Shopping Center within an existing 20,162 square-foot building with a 9,413 square-foot furniture store retail use in the front portion and a 10,749 square-foot Cannabis Dispensary with accessory Delivery and Distribution retail use in the rear portion under Commercial Cannabis Permit 2023-007 (CCP 2023-007).
ON PROPERTY LOCATED AT: 1228 South Main Street
ASSESSOR'S PARCEL NO.: 016-161-052-000
ZONING DISTRICT: Commercial Retail - South Main Street Focused Growth Overlay District (CR–FG-3) ENVIRONMENTAL REVIEW ACTION & DATE: Exempt from the California Environmental Quality Act (CEQA) under Section 15332 (In-Fill Development Projects) on June 18, 2024.
EXPIRATION DATE: None, once properly established, unless the subject retail use (Cannabis Dispensary with accessory Delivery and Distribution and Furniture Store) ceases operation for a continuous period of six (6) months or more.
RIGHT TO OPERATE/DEVELOP
The Permittee shall have the right to change the use from Retail to a proposed two-tenant Shopping Center within an existing 20,162 square-foot building with a 9,413 square-foot furniture store retail use in the front portion and a 10,749 square-foot Cannabis Dispensary with accessory Delivery and Distribution retail use under CCP 2023-007 in the rear portion. This CUP includes a 41-space (51%) Parking Reduction per Zoning Code Table 37-50.100, exception from the requirements of Zoning Code Section 37-50.200 to allow for internal waste storage to be located within the existing structure, and Alternative Means of Compliance for landscaping, on the abovedescribed property in accordance with the following exhibits incorporated herein by reference and made a part of this Permit:
Exhibit "A" Vicinity Map
Exhibit "B" Site Map (Sheet A0.0)
Exhibit "C" Site Plan (Sheet A1.0)
Exhibit "D" Existing Floor Plan (Sheet A2.0)
Exhibit "E" Proposed Floor Plan (Sheet A2.1)
Exhibit “F” Exterior Elevations (Sheet A4.0)
Exhibit “G” Landscape, Fencing, and Bicycle Parking Details (Sheet A9.0) Exhibit “H” Conceptual Landscape Plans (Sheet L1.0)
Exhibit "I" Engineer’s Report dated March 6, 2024
Exhibit "J" Police Department comments dated March 19, 2024 Exhibit “K” Permit Center comments dated February 28, 2024 Exhibit "L" CannaCruz Salinas Parking Demand Study dated February 9, 2024 Exhibit “M” Alternative Means of Compliance for Landscaping Exhibit “N” CannaCruz Security Plan
LIMITATIONS ON USE
Hours of operation for the dispensary shall be limited to 8:30 a.m. to 9:00 p.m. Monday through Sunday. Hours of operation for the office, storage, and packaging areas shall be limited to 9:00 p.m. to 12:00 a.m. Monday through Sunday.
If the subject shopping center retail use (Cannabis Dispensary with accessory Delivery and Distribution and Furniture Store) ceases operation for a continuous period of six (6) months or more, this Conditional Use Permit shall become null and void.
The Cannabis Dispensary with accessory Delivery and Distribution use shall comply with the terms and conditions of related Commercial Cannabis Permit 2023-007.
A minimum six (6) foot tall fence shall be constructed along the north, west and south property lines, except for 15-feet from the front yard property line along the South Main Street frontage, where with maximum allowed height shall be three (3) feet.
Retail sales floor area shall not comprise less than 51% (5,495 square-feet) of the 10,773 square-foot Cannabis Dispensary with accessory Delivery and Distribution (Unit “B”).
To minimize hardscape, the walkway from South Main Street sidewalk into the front entrance of Unit “A” not exceed four-feet (4’) in width.
Unit “A” shall not be occupied until a building permit for a Tenant Improvement permit is processed and finaled. This shall be noted on the building permit plans (see Exhibit “K”).
The City Planner may conduct a review of this Permit after inauguration, and may require modifications, if appropriate. The City Planner may also schedule a review by the Salinas Planning Commission, at a public hearing, if considered necessary. In the event that a public hearing is necessary, the Permittee shall reimburse the City of Salinas for all costs and expenses required to prepare for and conduct said hearing.
NPDES REQUIREMENTS
The development shall conform to all National Pollutant Discharge Elimination System (NPDES) and Low Impact Development (LID) requirements and standards in effect and required by the City Engineer when building permits are issued. The project will require a Storm Water Control Plan (SWCP) that identifies Stormwater Development Standards (SWDS) Compliance to be incorporated into the project (see attached Exhibit “I”).
FIRE PROTECTION REQUIREMENTS
All applicable requirements of the Salinas Fire Department including those items identified in Titles 19, 24 and 25 of the California Administrative Code must be met and may include, but not be limited to, provisions for fire alarm systems, fire extinguishers, sprinkler systems, emergency vehicle access and installation of fire hydrants.
If required, all fire sprinkler apparatus shall be incorporated into the overall site plan and building design. Such apparatus shall be located within building interiors, garages, stairwells, utility areas, trash areas and/or other areas substantially out of the public view. Fire Department connection pipes shall be painted to match the adjacent building.
CRIME PREVENTION REQUIREMENTS
Prior to the issuance of any building permit, the applicant shall consult with the Police Department regarding crime prevention and security. Written confirmation from the Police Department demonstrating compliance with this condition shall be submitted to the Community Development Department prior to issuance of a building permit. Operation of the 10,749 square-foot retail use (Cannabis Dispensary with accessory Delivery and Distribution) shall comply with the attached Police Department comments dated March 19, 2024 (see Exhibit “J”), with all terms and conditions of related CCP 2023-007, and/or any future renewed and/or approved Commercial Cannabis Permit. In addition, security operations of the entire project site shall be in compliance with the Security Plan attached as Exhibit “N”.
PARKING REQUIREMENTS
A minimum of 40 on-site parking spaces shall be provided including two (2) on-site parking space designated for people with disabilities in accordance with Article V, Division 2: Parking, Loading, and Outdoor Lighting. Bicycle parking (rack) shall be provided in accordance with Zoning Code Section 37-50.400 and Exhibit “G”. Pursuant to Zoning Code Section 37-50.370(a)(4), this Conditional Use Permit authorizes a 41-space 51-percent parking reduction as identified in Exhibit “L”, because survey or other data exists which supports a reduction in parking and loading spaces for uses which, by their nature, are not likely to be converted to another use with greater parking requirements. Any future uses with a greater off-street parking demand than analyzed in the parking survey described in Exhibit “L” shall require an Amendment to this Conditional Use Permit. In addition, the Parking Reduction agreement shall be recorded with the Monterey County Recorder’s Office prior to issuance of a building permit. If the subject shopping center retail use (Cannabis Dispensary with accessory Delivery and Distribution and Furniture Store) ceases operation for a continuous period of six (6) months or more, the Parking Reduction agreement shall become null and void.
All off-street parking and loading areas shall be graded, paved, drained, landscaped, striped, and maintained in accordance with Article V, Division 2: Parking, Loading, and Outdoor Lighting of the Salinas City Code.
SIGNS
A Master Sign Plan and a Sign Permit issued in accordance with Article V, Division 3: Signs of the Salinas City Code, shall be required for all signs. All signs shall be in compliance with the Master Sign Plan.
No canvas signs, banners, pennants, flags, streamers, balloons or other temporary or wind signs; no mobile, A-frame, or portable signs; no roof or canopy signs extending above a building roof; no signs that resemble any official marker erected by the city, state or any governmental agency, or that by reason of position, shape, color or illumination would conflict with the proper functioning of any traffic sign or signal or would be a hazard to vehicular or pedestrian traffic; no signs which produce odor, sound, smoke, fire or other such emissions; and no animated, flashing, moving or rotating signs shall be permitted unless permitted in accordance with Article 5, Division 3: Signs of the Salinas Zoning Code, as may be amended from time to time.
OUTDOOR LIGHTING
Any new exterior lighting may be installed in accordance with Zoning Code Section 37-50.480 under the following limitations:
a. No floodlighting will be allowed on any structure.
Parking lot lighting shall be shielded to confine light spread to within the site boundaries and shall not exceed 25 feet in height.
Prior to the issuance of a Building Permit, the applicant shall submit a detailed lighting plan for review and approval by the Community Development Department.
BUILDING MATERIALS AND COLORS
Prior to the issuance of a building permit, the materials and colors per zoning code requirements shall be identified on the building permit plans including a separate colors and materials page.
LANDSCAPING
Landscaping shall comply with the requirements of the State of California “Model Water Efficient Landscape Ordinance” (AB 1881) and Article V, Division 4 of the Salinas Zoning Code. Prior to the issuance of a Building Permit, the applicant shall submit detailed final landscape and irrigation plans for review and approval by the Community Development Department. The landscape and irrigation plans shall include the following:
Per Zoning Code Section 37-20(b)(4), landscape areas shall incorporate plantings using a three-tier system: 1) grasses and groundcovers, 2) shrubs, and 3) trees.
Landscape plans shall show the location, type, size, and names of all plantings: ground covers (1-gallon minimum), shrubs (5-gallon minimum), and trees (15-gallon minimum).
Irrigation plans shall show size and location of irrigation pipe, heads, bibs, and backflow devices.
Plants shall be maintained and trimmed to three feet in height within the Areas of Unrestricted Visibility triangles at the driveways (15 feet) and street corners (25 feet).
All landscape islands within the parking area shall include a minimum of one 15-gallon tree.
Planters adjacent to the buildings shall be landscaped with shrubs of a minimum of 5-gallon size, 1-gallon containers for mass planting, and groundcover.
Exposed soil shall be landscaped with drought resistant groundcover that will propagate and take root quickly. A minimum two-inch layer of mulch shall be applied except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
Turf shall be limited to 25% of the total landscaping area. No turf shall be permitted in areas with a dimension of less than eight (8) feet, or on slopes exceeding ten-percent.
Alternative Means of Compliance for Landscaping shall be approved per Zoning Code Section 37-50.690(i) as shown on Exhibit “M” because enhanced landscaping including, but not limited to trees, shrubs, mounding, decorative boulders, and groundcover) shall be installed along the South Main Street frontage shall achieve results comparable to those achieved through strict interpretation the Zoning Code as required per Zoning Code Sections 37-50.690(C)(3) and (4).
To minimize hardscape, the landscape and irrigation plans shall show that the walkway from South Main Street sidewalk into the main entrance of Unit “A” not to exceed four-feet (4’) in width.
Plant material shall conform to the following spacing standards:
A minimum of thirty feet from the property corner at a street intersection to the center of the first tree or large shrub; A minimum of fifteen feet between center of trees and ten feet between large shrubs to light standards; A minimum of ten feet between center of trees or large shrubs and fire hydrants; A minimum of fifteen feet from the intersection of a driveway (for commercial, mixed use, or public/semipublic and industrial uses) with a street right-of-way to the center of any tree having a diameter larger than eighteen inches at maturity or large shrub and a minimum of ten feet for residential uses.
RECYCLING AND SOLID WASTE DISPOSAL AREA
Pursuant to Zoning Code Section 37-50.200(d), this Permit authorizes an exception from the requirements of Zoning Code Section 37-50.200 to allow for internal waste storage to be located within the existing structure as per Exhibit “E” (Proposed Floor Plan). On June 15, 2023, the City’s recycling and solid waste provider Republic Services reviewed the proposed facility and stated that it meets their service requirements. Prior to the issuance of a building permit, future occupancy of Unit “A” and/or any additional changes in the use of the shopping center, shall require written confirmation from the City’s solid waste service provider to ensure that the recycling and solid waste provisions of the project will meet the service needs of the service provider.
MAINTENANCE
All parking areas, driveways, other paved surfaces, accessways and grounds shall be regularly maintained and kept free of weeds, litter, and debris. All traffic signs and pavement markings shall be clear and legible at all times. All landscaped areas shall be maintained free of weeds, trash, and debris, and all plant material shall be continuously maintained in a healthy, growing condition. All exterior building and wall surfaces shall be regularly maintained, and any damage caused by weathering, vandalism, or other factors shall be repaired in conformance with the terms and conditions of this Permit.
The Applicant, or successor-in-interest shall eradicate graffiti painted or marked on the facility within seventy-two (72) hours of occurrence pursuant to Municipal Code Section 5-03.19(a)(4).
PUBLIC IMPROVEMENTS
All existing damaged and hazardous sidewalks, and unused driveways shall be reconstructed to City standards prior to issuance of a Certificate of Occupancy.
Public improvements to serve the development shall be reviewed and approved by the City Engineer and shall be installed in accordance with City standards. All utilities shall be installed underground with details to be included on the final improvement plans.
UTILITIES/EQUIPMENT SCREENING
All new utility lines shall be placed underground and all new power transformers shall be placed underground where permitted by the utility company. Where transformers must be pad-mounted above ground, they shall be located away from the general public view or shall be effectively concealed by landscaping or a screen fence of a design approved by the utility company and the City Planner.
All new mechanical equipment and appurtenances (i.e. gas, water meters, electrical boxes, HVAC systems, refrigeration equipment, etc.), building or ground mounted, shall be screened from public view and adjacent properties. Roof vents shall be painted to blend with roof materials. Details shall be shown on the final construction and/or land plans and are subject to the approval of the City Planner.
PERMIT NOT TO SUPERSEDE OTHER REQUIRED LICENSING OR PERMITS The issuance of this Permit shall not relieve the Permittee of any requirement to obtain permits or licensing from any county, regional, state or federal agencies. If applicable, a City Business License shall be obtained prior to commencement of use.
This Permit may be subject to water and sanitary sewer allocations. The Permittee will proceed at their own risk as water and sanitary sewer allocation may not be available at the time requested.
MODIFICATION OF APPROVED USE AND PLANS
Any modification to the terms and conditions of this Permit are subject to the issuance of a new Permit. The City Planner may approve minor modifications to this Permit if the City Planner finds the modification to be in substantial compliance with the original approval.
VIOLATION; REVOCATION
Use of the property shall be conducted in such a way that it does not constitute a nuisance to the use and enjoyment of surrounding properties or the City. Any permittee, person, firm, corporation, whether as principal, agent, employee or otherwise, violating, causing or maintaining the violation of any of the provision of this Permit shall be guilty of a misdemeanor or an infraction, as charged. Alternatively, any violation of this Permit may be prosecuted administratively pursuant to the City’s Administrative Remedies Ordinance and/or other applicable laws, regulations or codes. Upon determination by the City Planner that there are reasonable grounds for revocation of this Permit, a revocation hearing shall be set to be heard before the Salinas Planning Commission in accordance with Article VI, Division 18: Enforcement and Penalties of the Salinas Zoning Code or such codes as may be subsequently adopted.
SUBSTANTIAL ACTION TIME LIMIT
This Permit shall expire one year after its effective date unless:
A building permit has been issued and construction diligently pursued; A certificate of occupancy has been issued;
The use is established in conformance with the provisions of the Zoning Code; or The City Planner determines that substantial action has commenced to carry out the terms and intent of the Conditional Use Permit.
PERMIT VALIDATION
Pursuant to Zoning Code Section 37-60.530, this Permit shall be null and void and all terms and conditions shall have no force or effect unless this Permit is signed by the Permittee(s) and returned to City of Salinas Community Development Department within 90 days of approval. It is the applicant's responsibility to track the 90-day expiration date. No notice will be sent.
STANDARD CONDITIONS
Pursuant to Salinas City Code Section 1-8.1: Civil action enforcement, and Section 1-8.2: Liability for costs, permittee shall reimburse the City of Salinas for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by the City in enforcing the provisions of this Permit.
The applicant(s) shall defend, indemnify, and hold harmless the City of Salinas or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of this project/use. For Tentative Maps, this shall also apply when such claim or action is brought within the time period provided for in applicable state and/or local statutes. The City shall promptly notify the applicant(s) of any such claim, action, or proceeding. The City shall cooperate in the defense. Nothing contained in this condition shall prohibit the City from participation in a defense of any claim, action, or proceeding if the City bears its own attorney's fees and costs, and the City defends the action in good faith.
Notwithstanding any of the provisions in this permit, all improvements and uses shall comply with all other ordinances and regulations of the City of Salinas and all local, state and federal laws and regulations.
No further development other than that shown on this permit or attached exhibits shall be allowed unless or until an amendment to this permit has been approved. Requests for a minor modification of an approved permit may be granted by the City Planner provided the modification is substantially in compliance with the original approval and conditions.
NOTICE OF CHALLENGE LIMITATIONS
Code of Civil Procedure Section 1094.6 requires all Court challenges to the decision to grant this Permit be initiated within 90 days of the final decision of the City in this matter.
EXECUTIONS
THIS CONDITIONAL USE PERMIT was approved by action of the Salinas City Council on June 18, 2024, and shall become effective immediately:
Effective Date:_ June 18, 2024 ____________________________________ Courtney Grossman
Planning Manager, City of Salinas
(Signatures Listed Below on Pages 12 through 15 Must Be Notarized) THIS CONDITIONAL USE PERMIT is hereby accepted upon the express terms and conditions hereof, and the undersigned Permittee agrees to strictly conform to and comply with each and all of this Permit's terms and conditions.
Dated:_______________ ___________________________ Bradford Palmer
Permittee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________________ 202__, before me, _______________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________
Dated:_______________ ___________________________
Grant Palmer
Permittee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________________ 202__, before me, _______________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________
CONSENT is hereby granted to the Permittee to carry out the terms and conditions of this Conditional Use Permit.
Dated:_______________ ___________________________
Samuel Kobrinsky, Trustee
Property Owner
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________________ 202__, before me, _______________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________
Dated:_______________ ___________________________
Marguerite Kobrinsky, Trustee
Property Owner
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________________ 202__, before me, _______________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________
I:\ComDev\Planning Share Space\Conditional Use Permits\2022 CUP's\CUP 2022-048 - 1228 S Main St\Granicus\06-18-24 CC Granicus Version\06-18-24 CUP 2022-048 - Granicus Version(2).docx