File #: 23-271    Version: 1 Name:
Type: Public Hearing Item Status: Passed
File created: 3/10/2023 In control: City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency
On agenda: 4/3/2023 Final action: 4/3/2023
Title: SUBJECT: Appeal of the Planning Commission's Approval of Commercial Cannabis Business Permit (CCBP) #22-02R for Retail Cannabis at 1111 Motel Drive by Edwin Kainth REPORT IN BRIEF Edwin Kainth has 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 Edwin Kainth; and, B. Providing direction to staff regarding findings to grant or deny appeal, with or without prejudice.
Attachments: 1. Letter of Appeal from Edwin Kainth.pdf, 2. Planning Commission Meeting Minute Excerpt (November 9, 2022), 3. PC Res #5000 CCBP #22-02R.pdf, 4. Staff Report #22-840.pdf, 5. Presentation Given during PC.pdf, 6. Ordinance #2532, 7. Presentation.pdf
Report Prepared by: Stephani Davis, Development Services Technician II, Development Services Department; Scott McBride, Director of Development Services.

Title
SUBJECT: Appeal of the Planning Commission's Approval of Commercial Cannabis Business Permit (CCBP) #22-02R for Retail Cannabis at 1111 Motel Drive by Edwin Kainth

REPORT IN BRIEF
Edwin Kainth has 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 Edwin Kainth; and,

B. Providing direction to staff regarding findings to grant or deny appeal, with or without prejudice.

Body
ALTERNATIVES
1. Deny appeal, affirming the approval of CCBP #22-02R and Environmental Review #22-04; or,
2. Deny appeal, modifying the approval of CCBP #22-02R and Environmental Review #22-04 (modifications to be specified in the motion); or,
3. Grant the appeal, reversing the approval of CCBP #22-02R and Environmental Review #22-04, 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 the fifth commercial cannabis retail permit. The City received eleven (11) applications; 9 of the submitted applications succeeded to Phase 2 Merit-based review with the City's Selection Panel consisting of the City Manager, the Police Chief, and the Director of Development Services. At the conclusion of the Selection Panel scoring, CCBP #22-02R (Culture Cannabis Merced), proposed at 1111 Motel Drive, received the highest rank with an average score of 95.33.

On November 9, 2022, a public hearing was held and CCBP #22-02R was presented...

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