Appeal of Flora Terra
Conditional Use Permit to operate a dispensary
1 June 21, 2022 Susie Murray, Senior Planner
Planning and Economic Development
1226 4th Street
Background
2 • March 24, 2022 – Planning Commission approved a
Conditional Use Permit to operate a Cannabis Retail
use from vacant commercial building at 1226 4th Street
• April 1, 2022 – Appeal of the Planning Commission’s
action received
Grounds for Appeal
3 The appellant has provided the following grounds for appeal:
The Project impacts on the McDonald Historical District have not been studied, nor have the valuation of properties of homes (impacts – test valued) been analyzed for the
historical district.
Proximity to McDonald
Preservation District
4 McDonald Preservation District
Staff Response
5 • Zoning Code Table 2-6 - a Conditional Use Permit (CUP) is required in the General Commercial zoning district.
• Zoning Code Section 20-46.080(D) – Regulates location requirements for Cannabis Retail use:
• Not within 600 feet of another Cannabis Retail use;
• Not within 600 feet from any K-12 school; and
• Does not regulate proximity to preservation districts.
Staff Response
6 Required findings:
1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the City Code;
2. The proposed use is consistent with the General Plan and any applicable specific plan;
3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity;
Staff Response
7 Required findings, continued:
4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints;
5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and
6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
Recommendation
8 It is recommended by the Planning Commission and the
Planning and Economic Development Department that the
Council, by resolution:
• Deny the Appeal of Robert Jacobsen and uphold the
Planning Commission’s decision to approve a
Conditional Use Permit for Flora Terra, a 1,140-square
foot Cannabis Retail use, at 1226 4th Street.