DATE: JUNE 18, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: COURTNEY GROSSMAN, PLANNING MANAGER
BY: THOMAS WILES, SENIOR PLANNER
TITLE: MAJOR AMENDMENT TO COMMERCIAL CANNABIS PERMIT 2023-007; APPEAL ON REFERRAL FROM PLANNING COMMISSION RECOMMENDED MOTION:
Consider CannaCruz, Inc.’s appeal of the Selection Committee’s denial on referral from the Planning Commission for a major amendment to Commercial Cannabis Permit 2023-007 to relocate 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.
EXECUTIVE SUMMARY:
On April 29, 2024, CannaCruz, Inc. (“CannaCruz”) submitted an application for a major amendment (“Amendment Application”) to Commercial Cannabis Permit 2023-007 (“CCP 2023-007”) to relocate an existing Cannabis Dispensary with accessory Delivery and Distribution from 1156 Abbott Street to 1228 South Main Street. Following the City Attorney’s determination that the Amendment Application contained all the required information, the Amendment Application was forwarded to the Selection Committee appointed by the Interim City Manager for their review in accordance with Article VII of Chapter 5 of the Salinas Municipal Code. On May 14, 2024, the Selection Committee met to consider the Amendment Application and at that meeting denied the Amendment Application. On May 16, 2024, CannaCruz submitted the present appeal of the Selection Committee’s denial of the Amendment Application. The City Council must approve the proposed Conditional Use Permit 2022-048 (CUP 2022-048) allowing for a 10,749 square-foot Cannabis Dispensary with accessory Delivery and Distribution in Unit “B” for the related amendment to Commercial Cannabis Permit 2023-003 (CCP 2023-007) to be considered.
DISCUSSION:
On January 26, 2016, the Salinas City Council adopted Ordinance No. 2566 allowing for the establishment, operation, and regulation of commercial cannabis businesses for the dispensing, distribution, cultivation, and manufacturing of medical marijuana and medical marijuana products. (A copy of the City Council’s January 26, 2016, Report to the City Council and of Ordinance No. 2566 (N.C.S.) are attached to this report for reference. Ordinance No. 2566 repealed a prohibition on the establishment and operation of medical marijuana cultivation facilities and manufacturing facilities, allowed for a limited number of commercial cannabis businesses to open and to operate, provided for a competitive process for the limited number of commercial cannabis permits, and imposed operating restrictions on such businesses in order to protect neighboring properties and businesses from the negative effects of commercial cannabis businesses and in order to protect the health, safety, an welfare of the general public. In adopting the ordinance, the City Council found that reasonable regulations on commercial cannabis businesses were necessary to address the negative impacts and nuisance impacts of such businesses. At the time of the City Council’s adoption of Ordinance No. 2566, one medical marijuana edible manufacturing and wholesale distribution facility had begun operating in the city prior to the City’s having established any land use controls or requirements on the operation of such businesses. Included among the regulations in Ordinance No. 2566 were restrictions on the proximity of commercial cannabis businesses to sensitive uses. The City Council also found that without regulations on the operation of commercial cannabis businesses, there would be an immediate threat to the public health, safety, and welfare from the establishment of commercial cannabis businesses in the City.
The City Council subsequently amended Ordinance No. 2566 (the City’s commercial cannabis business regulations) on three occasions:
Ordinance No. 2597 (N.C.S.) adopted on August 15, 2017, increased the maximum number of permits which may be issued in the dispensary, manufacturing, and cultivation categories; provided for an administrative process for cannabis testing facilities; and included administrative revisions to the City’s commercial cannabis regulations to reflect changes in state law and changes in the City’s implementation of the commercial cannabis business regulations. (A copy of Ordinance No. 2597 and the associated Report to the City Council are attached to this report for reference.) Ordinance No. 2598 (N.C.S.) adopted on September 5, 2017, recodified several chapters and articles of the Salinas Municipal Code, including those related to the regulations on commercial cannabis businesses. No changes were made to the content of those provisions outlining the regulations on commercial cannabis businesses. (A copy of Ordinance No. 2598 (N.C.S.) and the associated Report to the City Council are attached to this report for reference.) Ordinance No. 2600 (N.C.S.) adopted on November 29, 2017, updated the regulations on commercial cannabis businesses codified at Article VII of Chapter 5 of the Salinas Municipal Code. Specifically, Ordinance No. 2600 specified that businesses involving adult-use cannabis and cannabis products may operate within the city. Ordinance No. 2600 also clarified the City’s permitting structure for commercial cannabis businesses, clarified the operating requirements of various types of commercial cannabis businesses, established reasonable regulations relating to the growing of cannabis within a private residence for personal use, and included administrative changes to the regulations to reflect changes in state law and in the City’s implementation of the Salinas Municipal Code. (A copy of Ordinance No. 2600 (N.C.S.) and the associated Staff Report to the City Council are attached to this report for reference.) Commercial Cannabis Permit 2023-007
Note: Analysis of related Conditional Use Permit 2022-048 is stated in a separate City Council Staff Report dated June 18, 2024.
CannaCruz’s Proposed Relocation to 1228 South Main Street In the context of the above-described commercial cannabis regulations, in late 2021, CannaCruz began the process of attempting to relocate from its current location at 1156 Abbott Street to its proposed location at 1228 South Main Street. In response to CannaCruz’s request for zoning information related to the 1228 South Main Street location, in a Zoning Information Letter dated December 15, 2021, the City identified that the proposed location was within 1,000 feet of six sensitive uses identified in the Salinas Municipal Code (section 5-07.27) including four alcohol-related uses, one smoke shop, and one church. (A copy of the City’s December 15, 2021, letter is attached to this report for reference.) The Zoning Information Letter did not identify the proposed location’s adjacency to a residential use as an issue of concern. The Zoning Information Letter also did not identify approximately nine other alcohol related uses. The following is a list of all of the 15 sensitive uses located within 1,000 feet of the subject property. 72 East San Joaquin Street; religious assembly – Saint Ansgar’s Lutheran Church – 845 feet away; 20 San Miguel Avenue; food and beverage sales with liquor sales – Tokyo Oriental Foods and Gifts – 905 feet away; 1140 South Main Street; food and beverage sales with liquor sales – CVS Pharmacy – 860 feet away; 1150 South Main Street; food and beverage sales with liquor sales – Lucky Supermarket – 640 feet away; 1152 South Main Street; retail sales – smoke and vape shop – Clout Nine Cigar and Vapor – 600 feet away; 1160 South Main Street; restaurant with liquor sales – Round Table Pizza – 490 feet away; 1190 South Main Street; restaurant with liquor sales – Smalley’s Roundup – 350 feet away; 1220 South Main Street; restaurant with liquor sales – Mi Taqueria – 50 feet away; 1237 South Main Street; restaurant with liquor sales – Taqueria Super Pollo – 462 feet away; 1250 South Main Street; restaurant with liquor sales – Elli’s – 20 feet away; 1275 South Main Street; food and beverage sales with liquor sales – Star Market – 438 feet away; 1300 South Main Street; service station with liquor sales – Shell – 456 feet away; 1320 South Main Street; food and beverage sales with liquor sales – Nob Hill Foods – 600 feet away; 1334 South Main Street; restaurant with liquor sales – Guadalajara Grill, LLC – 845 feet away; and 1366 South Main Street; restaurant with liquor sales – Stonies Taphouse & Bistro – 902 feet away Based on the December 2021 Zoning Information Letter, CannaCruz continued the process of relocating to the proposed location and on August 23, 2022, submitted an application for Conditional Use Permit 2022-048 (CUP 2022-048) to change the use at 1228 South Main Street from Retail to a proposed two-tenant Shopping Center within an existing 20,162 square-foot building. The two tenant uses include a 9,413 square-foot retail furniture store in the front portion (Unit “A”) of the building and a 10,749 square-foot Cannabis Dispensary with accessory Delivery and Distribution retail use in the rear portion (Unit “B”). CUP 2022-048 also includes the allowance of 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 Planning Commission consideration is required for Parking Reductions exceeding 30%. On August 24, 2023, an application was submitted for an amendment to their Commercial Cannabis Permit to relocate to the proposed location.
April 3, 2024, Planning Commission Meeting
On April 3, 2024, the Planning Commission considered CUP 2022-048. CCP 2023-007 was also originally scheduled to be considered by the Planning Commission on April 3, 2024, however, due to concerns from the City Attorney and the Community Development Director with the completeness of the application and the process by which the application was reviewed, CCP 2023-007 was not presented to the Planning Commission for consideration.
On April 3, 2024, the Planning Commission denied CannaCruz’s application for CUP 2022-048. Planning Commissioners expressed concern that the amendment to CCP 2023-007 should be considered concurrently with CUP 2022-048. Planning Commissioners also commented that consideration of amendments to CCP 2023-007 should be deferred to the City Council as a policy consideration. In a letter dated April 17, 2024, CannaCruz appealed the Planning Commission’s April 3, 2024, decision to deny CannaCruz’s application for a Conditional Use Permit (CUP 2022-048). (A copy of CannaCruz’s April 17, 2024, letter is attached to this report for reference.) The appeal was originally scheduled for City Council consideration on June 11, 2024, in order to meet the sixty-day period required by Salinas Municipal Code section 37-60.1300; however, CannaCruz agreed to continue the appeal before the Salinas City Council to June 18, 2024. (A copy of CannaCruz’s May 21, 2024, email agreeing to continue the appeal to June 18, 2024, is attached to this report for reference.) June 5, 2024, Planning Commission Meeting
On June 5, 2024, the Planning Commission considered CCP 2023-007. After hearing public testimony from both the Applicant and the public concerning the proposed Commercial Cannabis Permit, the Planning Commission by a unanimous 7-0 vote determined to neither affirm, reverse, or modify the Selection Committee’s determination and refer the Selection Committee’s determination and appeal thereof to the City Council for consideration. (Correspondence submitted to the Planning Commission from JRG Attorneys at Law and Walker+Reed Attorneys at Law dated June 4, 2024, are attached to this Report for reference.) During the public hearing the Planning Commission received public comment both for and against CannaCruz’s proposed relocation. Members of the public expressed concern for the potential negative impacts on the community including the potential for youth exposure to cannabis products, impacts on traffic, and impacts on parking. Planning Commissioners commented positively on the security measures proposed by CannaCruz and CannaCruz’s management of its current commercial cannabis business at 1156 Abbott Street. Planning Commissioners also expressed concern about potential negative impacts which may result from the proposed relocation including traffic impacts and proximity to sensitive uses. Planning Commissioners also expressed concern over the City’s processes including the need for the Municipal Code and cannabis regulations to be updated, the lack of available locations for cannabis businesses to open and operate (because of the restrictions imposed on proximity to sensitive uses). Ultimately, the Planning Commission neither affirmed nor denied CannaCruz’s appeal and instead referred the appeal to the City Council for consideration in part due to the fact that the City Council would also be considering CannaCruz’s appeal of CUP 2022-048 on June 18, 2024. Draft Planning Commission minutes from the June 5, 2024 public hearing have been attached for review.
Commercial Cannabis Permits—Amendment Procedures
The holder of a Commercial Cannabis Permit issued by the City may request amendments to their permits pursuant to the procedures outlined in Salinas Municipal Code section 5-07.09. Pursuant to section 5-07.09, the holder of a Commercial Cannabis Permit may request a change to the business location by submitting all items normally required for a new application, except that information related to the principals or operations that will remain unchanged and are not directly related to the site may be excluded. The application for a change to the business location must submit all items normally required for a new application as outlined on section 5-07.07.
On April 29, 2024, CannaCruz submitted an Amendment Application to relocate its existing Cannabis Dispensary with accessory Delivery and Distribution from 1156 Abbott Street to 1228 South Main Street. (A copy of CannaCruz’s Amendment Application is attached to this report for reference.) On May 7, 2024, the City Attorney determined the Amendment Application to contain all of the required information and forwarded the Amendment Application to the Selection Committee for their review. (A copy of the City Attorney’s May 7, 2024, letter is attached to this report for reference.).
Selection Committee’s Determination and Findings
As outlined in section 5-07.09(a)(2) the Selection Committee is required to review the proposed new location and may approve an amendment to the new location if it can make the following findings:
The new site would not be located within the distances specified in section 5-07.27, unless an exception is approved pursuant that section; The relocation to the new site would not create any significant negative impacts greater than those that existed at the original site; The proposed location is located in an appropriate zoning district for the proposed use; and Owners of real property located within three hundred feet of the proposed site have been notified and have had an opportunity to provide information to the City regarding the proposed site.
On May 14, 2024, the Selection Committee met to consider the Amendment Application and at that meeting denied the Amendment Application. During that meeting, the Selection Committee conveyed their reasons for the denial and the findings of fact upon which their decision was based to the City Attorney. In a letter to Trinh Retterer and Peter D. Brazil dated May 15, 2024, the City Attorney informed CannaCruz that the Selection Committee had denied CannaCruz’s Amendment Application and also informed CannaCruz of the reasons for the denial. (A copy of the City Attorney’s May 15, 2024, letter is attached to this Report for reference.) As described in the May 15, 2024, letter, the Selection Committee denied CannaCruz’s Amendment Application for the following reasons:
The proposed location (1228 South Main Street) is located within 1,000 feet of two sensitive uses listed in section 5-07.27: a smoke-shop (Clout Nine Smoke Shop) located at 1152 South Main Street and a location where alcohol is sold or served for individual consumption on the premises (Ellis’ Restaurant) located at 1250 South Main Street; the proposed location is immediately adjacent to the alcohol related use. The Selection Committee did not find that the intent of Article VII of Chapter 5 of the Salinas Municipal Code, as outlined in section 5-07.01, could otherwise be met.
The proposed location (1228 South Main Street) is located adjacent to a residential use and, therefore, a determination must be made by either the Police Chief or the Community Development Director as to whether the operation of a commercial cannabis business at this 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 uses as required by section 5-07.27(d).
Article VII of Chapter 5 of the Salinas Municipal Code reflects the City’s policy and intent that commercial cannabis businesses should not be located in proximity to sensitive uses and reflects the City’s overall master planning perspective that commercial cannabis businesses are best suited for industrial or commercial areas that are not in proximity to sensitive uses, including residential areas.
On May 16, 2024, pursuant to Salinas Municipal Code Section 5-07.10 CannaCruz timely submitted the present appeal of the Selection Committee’s denial of the Amendment Application. (A copy of CannaCruz’s May 16, 2024, appeal of the Selection Committee’s denial is attached to this report for reference.) Police Department Considerations
The Salinas Police Department issued three memoranda related to CannaCruz’s Amendment Application: February 26, 2024; March 16, 2024; and March 19, 2024. (The Police Department memoranda are attached to this report for reference.) The February 26, 2024, Memorandum specifically addressed only the proposed parking layout at the 1228 South Main Street location and concluded there are “no issues with the parking lot layout.” The February 26, 2024, Memorandum did not address any other issues related to the proposed relocation, including the findings of the Police Chief pursuant to section 5-07.27(d) due to the proposed location’s adjacency to a residential use.
The March 16, 2024, Memorandum addressed the proposed parking reduction and proposed relocation of CannaCruz to 1228 South Main Street and concluded there are “no issues with the parking reduction or relocation of the dispensary.” The March 16, 2024, Memorandum further concluded that “[a]lthough the subject site is located adjacent to a residential areas, it is the opinion of the Chief of Police that the operation of a Commercial Cannabis business in such location would not 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 as stipulated by Municipal Code Section 5-07.27(d).” Release of the March 16, 2024, Memorandum was an administrative error: The Memorandum was not a final draft intended for distribution.
The March 19, 2024, Memorandum replaced the March 16, 2024, Memorandum and addressed the proposed parking reduction and relocation of CannaCruz to 1228 South Main Street location and concluded that there “are no issues with the parking reduction or relocation of the dispensary.” (emphasis in original) The March 19, 2024, Memorandum additionally, however, raised concerns with traffic volumes and a nearby intersection and driveway location which has had approximately eighteen traffic collisions, one being fatal. The March 19, 2024, Memorandum also raised concerns with criminal activity at other cannabis dispensaries in Salinas and elsewhere in Monterey County. With respect to the proposed location’s adjacency to a residential use, the March 19. 2924, Memorandum concludes that in “the opinion of the Chief of Police…the operation of the 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 as stipulated by Municipal Code Section 5-07.27(d).” Of concern to the Salinas Police Department is the proximity of the proposed location to two specific sensitive uses identified in the Salinas Municipal Code and the proposed location’s adjacency to a residential use. Elli’s Restaurant is immediately adjacent to the proposed location and includes a bar where alcoholic beverages are served. Elli’s Restaurant is a popular location for customers to gather in the bar area to drink alcohol, socialize, and watch sporting events. Alcoholic beverages are also served in the dining portion of the restaurant. The combination of an alcohol related use immediately adjacent to a commercial cannabis business creates the potential for foot traffic between the two locations, including foot traffic from intoxicated individuals along the sidewalk on South Main Street and through the driveway of the proposed location in order to gain access to the proposed location at the rear of the building. As discussed below, this portion of South Main Street contains a high-volume of vehicular traffic regularly traveling at speeds above the posted speed limit. Clout Nine Smoke Shop, a second sensitive use, is located within 1,000 feet of the proposed location.
The proposed location is directly adjacent to a residential apartment complex with ten second floor windows with a direct line of sight to the parking lot of the proposed commercial cannabis business. Customers are anticipated to each take approximately six minutes to complete their transactions which would result in vehicles potentially entering and exiting the parking lot each seven to eight minutes throughout the business’s hours of operation, driving along the fence separating the proposed location from the adjacent residential use. Depending on the hours of operation, this could mean that vehicles would be entering and exiting the proposed location during the nighttime hours which would require the use of vehicle headlights. This could result in light from the vehicles’ headlights shining into the apartment windows each time a vehicle entered of existed the parking lot. There is also other potential for customers entering and exiting their vehicles to create noise and other impacts on the adjacent residential use including, potentially, the use of cannabis projects in their vehicles and/or the parking lot of the proposed location. These conditions have the potential to create noise impacts on the adjacent residential use and the occupants of the residential units, some of which may be families with children.
There is only one narrow driveway entrance and exit to the proposed location; the narrow width of the driveway makes it difficult for two cars to fit and safely pass each other as they enter and exit the parking located at the rear of the building. The driveway to the proposed location is accessible only by way of southbound South Main Street (a high volume major arterial roadway that leads in one direction to Highway 68) and immediately south of the intersection of South Main Street and Plaza Circle. This location has had seven vehicle collisions in the last four years, one of which was a fatal collision between a vehicle and a cyclist. In the broader area from South Main Street at San Joaquin Street to South Main Street and Blanco Road, there have been eighteen collisions.
Customers of the proposed location would turn over in six-minute increments; customers are anticipated to each take approximately six minutes to complete their transactions. With the proposed location anticipated to be a high-volume business (a higher volume business than the previous furniture store use), that would mean that more customers/vehicles than have been present in the past would be entering and exiting the proposed location through a narrow driveway and narrow driveway entrance onto South Main Street every seven to eight minutes. This area of South Main Street has high volumes of traffic which regularly moves at speeds in excess of the posted speed limit (see attached CannaCruz Salinas Parking Demand Study from Rick Engineering Company dated February 9, 2024).
The conditions discussed above present a threat to the public health, safety, and welfare. It is anticipated that under these conditions establishment of the proposed commercial cannabis business at this proposed location would tend to cause a situation which may result in repeated police department response or a negative impact on the adjacent residential uses Time Consideration:
The project was deemed complete on November 18, 2023. Originally, final action was required by January 17, 2024, pursuant to CEQA Section 15107. As stated above, on December 29, 2023, the Applicant requested a 90-day time extension pursuant to Government Code Section 65957. Per Government Code Section 65957, the new deadline for action was April 16, 2024. On April 3, 2024, the Salinas Planning Commission denied CUP 2022-048. On April 12, 2024, the Applicant appealed the Planning Commission’s denial of CUP 2022-048 to the Salinas City Council. On May 14, 2024, the Salinas Commercial Cannabis Permit Selection Committee denied CCP 2023-007. On May 16, 2024, the Applicant appealed the Salinas Commercial Cannabis Permit Selection Committee denial of CCP 2023-007 to the Salinas Planning Commission. On May 21, 2024, 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 CCP 2023-007 to be considered on the same City Council hearing date. On June 5, 2024, the Salinas Planning Commission determined to neither affirm, reverse, or modify the Selection Committee’s determination on CCP 2023-007 and referred the Selection Committee’s determination and appeal thereof to the City Council for consideration.
Alternatives Available to the Council:
The City’s Selection Committee denied CannaCruz’s Amendment Application to relocate its commercial cannabis business to 1228 South Main Street. The reasons for the Selection Committee’s denial are described above and in the attached May 15, 2024, letter. CannaCruz appealed the Selection Committee’s denial to the Planning Commission and on June 5, 2024, the Planning Commission referred the appeal to the City Council.
The City Council is now asked to consider CannaCruz’s appeal of the Selection Committee’s denial. In doing so, the City Council should consider the City’s commercial cannabis regulations, including the regulations related to sensitive uses, and how the commercial cannabis regulations apply to CannaCruz’s application to relocate and operate a commercial cannabis business at 1228 South Main Street. The City Council should consider the information presented in this report and the information presented to it during the public hearing on this appeal and should then exercise its discretion and render a decision supported by specifically articulated findings.
The City Council has the following alternatives:
Affirm the determination made by the Selection Committee to deny CannaCruz’s application for a major amendment to Commercial Cannabis Permit 2023-007; Reverse the determination made by the Selection Committee to deny CannaCruz’s application for a major amendment to Commercial Cannabis Permit 2023-007; Modify the determination made by the Selection Committee to deny CannaCruz’s application for a major amendment to Commercial Cannabis Permit 2023-007.
Following City Council’s determination, a Resolution consistent with the City Council’s determination will be prepared and brought back to the City Council at a subsequent meeting for consideration and approval.
Findings.
When considering CannaCruz’s appeal and exercising its independent discretion in making a determination supported by specifically articulated findings, the City Council should consider the following:
With respect to the proximity of the proposed location to sensitive uses, the City Council may make findings that, based on the information presented to the City Council during its public hearing on the appeal, even though the proposed location is located within 1,000 feet of sensitive uses the intent of the City’s commercial cannabis regulations may otherwise be met. In other words, the City Council could find that even though the proposed location is within 1,000 feet of several alcohol-related uses, a religious assembly use, and a smoke shop the establishment of a commercial cannabis business at the proposed location would not have a negative impact on the health, safety, and welfare of the general public; would not create negative effects on neighboring properties or businesses; and, would otherwise be consistent with the purpose and the intent of the City’s commercial cannabis regulations:
[To] promote the development of businesses in the commercial cannabis industry in a responsible manner while imposing regulations to protect the health, safety, and welfare of the residents, neighborhoods, and businesses of Salinas. [To] accommodate the needs of medically ill persons that require treatment with medicinal cannabis and medicinal cannabis products. [To] regulate the personal non-medicinal use and consumption of cannabis and cannabis products in a manner consistent with state law. [To] regulate cannabis activity in the City of Salinas concurrently with the State of California.
With respect to the adjacency of the proposed location to a residential zoning district, the City Council may make findings that even though the proposed location is adjacent to a residential zoning district, based on the information presented to the City Council during its public hearing on the appeal, the operation of a commercial cannabis business at this location would not 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 use.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
ATTACHMENTS:
Draft Conditional Use Permit 2022-048 approval document with the following exhibits:
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 Draft Commercial Cannabis Permit 2023-007 approval document CannaCruz Salinas Parking Demand Study from Rick Engineering Company dated February 9, 2024 December 15, 2021, Zoning Information Letter from Adam Garrett to Grant Palmer Commercial Cannabis Permit 2023-003
Ordinance No. 2566 (N.C.S.) and Report to the City Council dated January 26, 2016 Ordinance No. 2597 (N.C.S.) and Report to the City Council dated August 15, 2017 Ordinance No. 2598 (N.C.S.) and Report to the City Council dated September 5, 2017 Ordinance No. 2600 (N.C.S.) and Report to the City Council dated November 7, 2017 June 5, 2024 Planning Commission Staff Report without exhibits June 5, 2024 Planning Commission unofficial minutes
June 4, 2024 Letter from JRG Attorneys at Law appealing Planning Commission denial of CCP 2023-007 June 4, 2024 Letter from Walker+Reed Attorneys at Law opposing CCP 2023-007 May 21, 2024, Email from Trinh Retterer to Christopher Callihan re CCP 2023-007 Amendment Appeal and extending appeal deadline for CUP 2022-048 May 16, 2024, Email (with attached Development Review Application) from Trinh Retterer to City Attorney re CCP 2023-007 Amendment Appeal May 15, 2024, Letter from City Attorney to Trinh Retterer and Peter D. Brazil re Commercial Cannabis Permit (CCP 2023-007) Major Amendment: Selection Committee Review; Notice of Denial May 7, 2024, Letter from City Attorney to Trinh Retterer re Commercial Cannabis Permit (CCP 2023-007) Major Amendment Request for Amendment to Commercial Cannabis Permit (CCP) dated April 29, 2024 (with attachments) April 17, 2024, Letter from Peter D. Brazil to Lisa Brinton re Conditional Use Permit CUP 2022-048 Appeal of Planning Commission Decision April 12, 2024, Letter of Appeal of Planning Commission denial of CUP 2022-048 from JRG Attorneys at Law April 3, 2024 Planning Commission Staff Report without exhibits April 3, 2024 Planning Commission Official Minutes
Planning Commission Resolution 2024-04
April 3, 2024 CannaCruz CUP 2022-048 Letter to Planning Commission April 2, 2024 Walker+Reed Attorneys at Law Letter opposing CUP 2022-048 and CCP 2023-007 Comments from the Salinas Police Department dated February 26, 2024, March 16, 2024, and March 19, 2024 December 29, 2024 Letter from JRG Attorneys at Law requesting extension to the Permit Streamlining Act for CUP 2022-048 June 9, 2024 Letter of Opposition from Charlie Sammut
Public Correspondence concerning proposed projects dated March 26, 2024 to April 1, 2024 Correspondence from Elli’s Restaurant dated January 12 and 16, 2024 Correspondence from Dr. Ronconi dated December 4, 2023 to January 11, 2024 Sensitive Use for Cannabis Map for 1228 South Main Street CannaCruz Employee Handbook
CannaCruz Operations Manual for Salinas
CannaCruz Salinas Pro Forma
CannaCruz Salinas Security Plan
Cc: CannaCruz, Inc., Applicant
Trinh Retterer and Peter D. Brazil, JRG Attorneys at Law Samuel and Marguerite Kobrinsky, Trustees, Property Owner Other Interested Parties
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