SALINAS PLANNING COMMISSION
RESOLUTION NO. 2024-04
RESOLUTION DENYING CONDITIONAL USE PERMIT 2022-048 FOR SUBJECT SITE LOCATED AT 1228 SOUTH MAIN STREET IN THE COMMERCIAL RETAIL - SOUTH MAIN STREET FOCUSED GROWTH OVERLAY DISTRICT (CR-FG-3)
ZONING DISTRICT
(CUP 2022-048)
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 (CUP 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 hearing, interingsh St Plaint Chich is on leated the evidine presented at said public together with the record of environmental review; and
NOW, THEREFORE, BE IT RESOLVED by the Salinas Planning Commission that it denies Conditional Use Permit 2022-048; and
BE IT FURTHER RESOLVED that the Salinas Planning Commission adopts the following findings as the basis for its determination, and that the foregoing recitations are true and correct, and are included herein by reference as findings:
The project has been found to be a Statutory Exemption pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines; The project has been determined to be exempt from the California Environmental Quality Act under Section 15270 (Projects Which Are Disapproved) of the CEQA Guidelines. This is because as per this Section, CEQA does not apply to projects which a public agency rejects or disapproves.
For the Conditional Use Permit:
2. The proposed location of the use is not in accordance with the objectives of the Planning Commission Resolution 2024-04
Conditional Use Permit 2022-048
Salinas General Plan, this Zoning Code and the purposes of the district in which the site is located;
The subject site is designated Retail by the 2002 Salinas General Plan. Per the General Plan, Retail provides for a variety of retail uses such as retail stores, restaurants, hotels, personal services, business services, and financial services. The proposed project is consistent with General Plan Goals and Policies. Located on an in-fill site, the project would help maintain a compact City form, consistent with Land Use Policy LU-2.4.
As shown on the official Zoning Map, the site is located in the Commercial Retail - South Main Street Focused Growth Overlay (CR-FG-3) Zoning District. Per Section 37-30.190, the purpose of the Commercial Retail (CR) District is to provide opportunities for commercial uses that allow a wide range of retail stores, restaurants, hotels and motels, commercial recreation, personal services, business services, offices, financial services, mixed use residential, and/or limited residential uses. Per Section 37-40.200, the purpose of the Focused Growth (FG) Overlay District is to create healthy neighborhood centers where residents of all economic and cultural backgrounds can live, work, walk, shop, exercise, and spend quality time outdoors, increase pedestrian activity by creating neighborhood centers that are conveniently accessed by public transit, provide a mixture of uses to keep the neighborhoods active at all times of the day, not just morning and evening (as in the case of residential zones) or business hours (for commercial zones), reduce vehicle trips and traffic by encouraging a mixture of uses and activities in one location, encourage creative architecture and public design that communicate a neighborhood's locale, purpose, priorities, and personality to those who use the space, and create revitalized neighborhoods through infill development and redevelopment activities.
The proposed Shopping Center includes a parking demand study for the proposed 41-space (51%) Parking Reduction that references a retail use (Cannabis Dispensary with accessory Delivery and Distribution), which cannot be allowed per Municipal Code Section 5-07.27(d), because in the opinion of the Chief of Police, the operation of the proposed Commercial Cannabis business at the project site would tend to cause a public nuisance or a situation which may result in repeated Police Department responses or a negative impact on the adjacent residential units.
3. The proposed location of the conditional use and the proposed conditions under which it would be operated or maintained are not consistent with the Salinas General Plan and will be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and detrimental to properties or improvements in the vicinity or the general welfare of the City of Salinas; and
The site is designated Retail by the 2002 Salinas General Plan. Per the General Plan, Retail provides for a variety of retail uses such as retail stores, restaurants, Planning Commission Resolution 2024-04
Conditional Use Permit 2022-048
hotels, personal services, business services, and financial services. The proposed project is not consistent with General Plan Goals and Policies. Because of its close proximity to residences and schools and issues with crime and traffic, the project would be detrimental to the public health, safety, and general welfare of the people of the City.
4. The proposed conditional use will not comply with the provisions of the Salinas Zoning Code, including any specific conditions required for the proposed use.
Per Municipal Code Section 5-07.27(d), in the opinion of the Chief of Police, operation of the proposed Commercial Cannabis business at the project site would tend to cause a public nuisance or a situation which may result in repeated Police Department responses or a negative impact on the adjacent residential units.
PASSED AND APPROVED this 3rd day of April 2024, by the following vote:
AYES: Vice-Chairperson Meeks, Commissioners Donohue, Manzo, McKelvey Daye, Purnell
NOES: None
ABSTAIN: None
ABSENT: Chairperson Gonzalez., Commissioner Ramos
THIS IS TO CERTIFY that the foregoing is a full, true, and correct copy of a Resolution of the Planning Commission of the City of Salinas, that said Resolution was passed and approved by the affirmative and majority vote of said Planning Commission at a meeting held on April 3, 2024, and that said Resolution has not been modified, amended, or rescinded, and is now in full force and effect.
SALINAS PLANNING COMMISSION
Date: 4/11/24
Courtney Grossman
Secretary
I:\ComDev\Planning Share SpacelConditional Use Permits\2022 CUP's\CUP 2022-048 - 1228S Main SPC Resolution 2024-04.docx