Appeal of Jane Dispensary
Conditional Use Permit
1 December 6, 2022 Suzanne Hartman, City Planner
Planning and Economic Development
4040 Highway 12 (Sonoma Highway)
Project Site Location
2 Background
3 • August 18, 2021 – Application for Conditional Use Permit Submitted
• September 9, 2022 – Notice of Application Mailed Out
• November 22, 2021 – Neighborhood Meeting Held
• September 22, 2022 – Planning Commission Approval of
Conditional Use Permit
• October 3, 2022 – Appeal of Planning Commission’s
Approval Received by City Staff
Background (Continued)
• Proposed Use
• The applicant proposes to
operate a cannabis retail
facility with delivery
service within a 1,997-
square-foot tenant space
of an existing 4,776-
square-foot multi-tenant
building.
• The applicant does not
propose on-
site consumption.
• Retail Hours
• The applicant proposes to
operate the retail
dispensary between the
hours of 9:00 a.m. and
9:00 p.m., 7 days a week.
4 Grounds for Appeal
5 The Appellant has provided the following Grounds for Appeal:
The Planning Commission did not consider:
• Applicant’s past history of hosting consumption in their dispensaries. • Outstanding code enforcement action pending against the application for violations of a similar project contemplated by the proposed Conditional Use Permit.
• The project’s odor control letter from the licensed engineer did not account for on-site consumption as required under the code.
• Project was not reviewed for traffic safety impacts associated with on-site cannabis consumption.
• Neighborhood compatibility of the project was not reviewed for compatibility with on-site cannabis consumption.
• Staff report, presentation, and the applicant’s application specifically state no on- site consumption is proposed despite the applicant’s history of on-site consumption in stores within Santa Rosa thus denying the neighbors and Planning Commission the proper information to consider the project proposal.
Staff Response
6 • Conditional Use Permit application, review of City
records, including any pending Code Enforcement
violations, was performed.
• No on-site consumption is proposed. As such, no
operational plan, security protocols or specific
extensions of such provision is required of the Applicant. • The project, as proposed with no on-site consumption, has been found to be compliant with Zoning Code
Section 20-46.080 – Cannabis Retail (Dispensary) and
Delivery
Staff Response (Continued)
7 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 (Continued)
8 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;
California Environmental
Quality Act (CEQA)
9 The proposed project has been reviewed in compliance
with the California Environmental Quality Act (CEQA) and qualifies for:
• Class 1 Categorical Exemption under CEQA Guidelines
Section 15301
• Class 3 Categorical Exemption under CEQA Guidelines
Section 15303
• Class 32 Categorical Exemption under CEQA Guidelines
Section 15332 (In-fill Development Projects)
Recommendation
10 It is recommended by the Planning Commission and
the Planning and Economic Development Department
that the Council, by resolution:
• Deny the Appeal of Peter M. Spoerl and uphold the
Planning Commission’s decision to approve a
Conditional Use Permit for Jane Dispensary, a
Cannabis Retail Facility with Delivery occupying a
1,997-square-foot space within an existing 4,776-
square-foot multi-tenant commercial building,
located at 4040 Highway 12 (Sonoma Highway).
Questions
11 Suzanne Hartman, City Planner
Planning and Economic Development
[email protected]
(707) 543-4299