CITY OF MERCED - File #: 23-047

• File #: 23-047
• Version: 1
• Type: Public Hearing Item
• Status: Passed
• File created: 1/3/2023
• In control: City Council/Public Finance and Economic Development Authority/Parking Authority
• On agenda: 2/6/2023
• Final action: 2/6/2023
• Title: SUBJECT: Appeal #1 & #2 of the Planning Commission's Approval of Commercial Cannabis Business Permit (CCBP) #22-02R for Retail Cannabis at 1111 Motel Drive by JIVA MCE, LLC. and Edwin Kainth REPORT IN BRIEF JIVA MCE, LLC, and Edwin Kainth have separately appealed the Planning Commission's approval of Commercial Cannabis Business Permit #22-02R (Culture Merced Dispensary) for a retail cannabis facility at 1111 Motel Drive. RECOMMENDATION City Council - Adopt a motion: A. Granting or denying the appeal of JIVA MCE, LLC.; and, B. Granting or denying the appeal of Edwin Kainth; and, C. Providing direction to staff regarding findings to grant or deny each appeal, with or without prejudice; and, D. Directing staff to proceed with either the approval of CCBP #22-02R or the continuation of the retail cannabis selection process, including direction on how to proceed with the tied score for second-highest scoring application.

Date	Ver.	Action By	Action	Result
2/6/2023	1	City Council/Public Finance and Economic Development Authority/Parking Authority	approved	Pass

Report Prepared by: Stephani Davis, Development Services Technician II, Development Services Department

Title
SUBJECT: Appeal #1 & #2 of the Planning Commission's Approval of Commercial Cannabis Business Permit (CCBP) #22-02R for Retail Cannabis at 1111 Motel Drive by JIVA MCE, LLC. and Edwin Kainth

REPORT IN BRIEF
JIVA MCE, LLC, and Edwin Kainth have separately appealed the Planning Commission's approval of Commercial Cannabis Business Permit #22-02R (Culture Merced Dispensary) for a retail cannabis facility at 1111 Motel Drive.

RECOMMENDATION
City Council - Adopt a motion:

A. Granting or denying the appeal of JIVA MCE, LLC.; and,

B. Granting or denying the appeal of Edwin Kainth; and,

C. Providing direction to staff regarding findings to grant or deny each appeal, with or without prejudice; and,

D. Directing staff to proceed with either the approval of CCBP #22-02R or the continuation of the retail cannabis selection process, including direction on how to proceed with the tied score for second-highest scoring application.

Body
ALTERNATIVES
1. Deny both appeals, affirming the approval of CCBP #22-02R; or,
2. Deny both appeals, modifying the approval of CCBP #22-02R (modifications to be specified in the motion); or,
3. Grant one or both of the appeals, reversing the approval of CCBP #22-02R and directing staff on how to proceed with the retail cannabis permit selection process; or,
4. Continue to a future City Council meeting (date and time to be specified in the motion).

AUTHORITY
City of Merced Ordinance #2532/Merced Municipal Code Section 20.44.170 (Attachment 6).

DISCUSSION
Background

In January 2022, Staff began the application process for commercial cannabis retail proposals in order to fulfill the vacant cannabis permit within the City that became available when Harvest abandoned their commercial cannabis permit. The City received eleven (11) applications; 9 of the submitted applications succeeded to Phase 2 Merit-based review with ...