City of Salinas
OFFICE OF THE CITY ATTORNEY • 200 Lincoln Ave • Salinas. California 93901 SALINAS 831) 758-7256 • (831) 758-7257 (Fax) • www.ci.salinas.ca.us RICH IN LAND | RICH IN VALUES
Christopher A. Callihan, City Attorney
May 15, 2024
Via Electronic Mail Only: [email protected]
Trinh Retterer
Peter D. Brazil
JRG Attorneys At Law
318 Caygua Street
Salinas, California 93901
Re: Commercial Cannabis Permit (CCP 2023-007) Major Amendment:
Selection Committee Review; Notice of Denial
Dear Ms. Retterer and Mr. Brazil:
This letter is written with regard to the above-referenced Commercial Cannabis Permit and the Request for Amendment ("Request") you submitted on April 29, 2024, on behalf of CannaCruz, Inc. ("CannaCruz") CannaCruz submitted the Request in an effort to relocate its Commercial Cannabis Business (consisting of a dispensary operation and distribution operation) from 1156 Abbott Street to 1228 South Main Street.
Following my determination pursuant to Salinas Municipal Code section 5-07.07(c) that the Request was complete, I forwarded the Request to the City's Selection Committee for their review. The Selection Committee is comprised of City employees tasked by the Interim City Manager to review and approve Commercial Cannabis Permits in accordance with Article VII of Chapter 5 of the Salinas Municipal Code. The Selection Committee consists of five City employees: one from the Library and Community Services Department, one from the Public Works Department, two from the Community Development Department, and one from the Salinas Police Department.
I met with the Selection Committee on May 14, 2024, and the Selection Committee denied CannaCruz's Request for the following reasons (Salinas Municipal Code section 5-07.07(f)):
1. The proposed location (1228 South Main Street) is located within 1,000 feet of two Trinh Retterer
Peter D. Brazil
Re: Commercial Cannabis Permit (CCP 2023-007) Major Amendment:
Selection Committee Review; Notice of Denial
sensitive uses listed in Section 5-07.27 of the Salinas Municipal Code: 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 (Elli's Restaurant) located at 1250 South Main Street; the proposed location is immediately adjacent to the alcohol related use. (SMC §5-07.27(a)(4)) The cumulative effect of being within close proximity to two sensitive uses would have a negative impact on the community. In their review, the Selection Committee considered whether the Request could be granted pursuant to Salinas Municipal Code section 5-07.27(b), notwithstanding the proposed location's proximity to sensitive uses. The Selection Committee did not find that the intent of Article VII of Chapter 5 of the Salinas Municipal Code would otherwise be met and, therefore, did not find that the Request could be granted.
2. 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 units. (SMC §5-07.27(d))
3. The Commercial Cannabis Ordinance ("Ordinance") (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 the sensitive uses identified in the Ordinance. The Ordinance reflects the City's policy from a master planning perspective that commercial cannabis businesses are best suited for industrial or commercial areas that are not in proximity to the sensitive uses identified in the Ordinance. All other commercial cannabis business in the city are located within industrial areas.
The Selection Committee's denial of the Request may be appealed pursuant to Salinas Municipal Code section 5-07.10.
Please let me know if you have any questions.
Sincerely,
Christopher A. Callihan
City Attorney
Trinh Retterer
Peter D. Brazil
Re: Commercial Cannabis Permit (CCP 2023-007) Major Amendment:
Selection Committee Review; Notice of Denial
cc (via email): Interim City Manager
Community Development Director
Planning Manager (Current Planning)
Senior Planner (Current Planner)
Selection Committee