HomeMy WebLinkAboutItem No. 04 - Request to Amend Commercial Cannabis Business Permit to Provide a Change in Location
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Staff Report
City of San Bernardino
Request for Council Action
Date: February 19, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By: Michael Huntley, Community & Economic Development
Director
Subject: Request to Amend Commercial Cannabis Business Permit to
Provide a Change in Location
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the commercial cannabis business permit location change from
4130 W. Hallmark Parkway to 390 N. H Street.
Background
On February 21, 2019, the Mayor and City Council awarded sixteen (16) Commercial
Cannabis Business (CCB) Permits covering several different license types. Nibble This,
LLC. (Nibble This) was awarded a CCB permit for a Microbusiness to be located at
4130 W. Hallmark Parkway, San Bernardino, CA.
On November 7, 2019, Nibble This submitted a request for a Zoning Verification Letter
(ZVL) for an alternate location at 390 N. H Street, San Bernardino, CA.
On November 18, 2019, Nibble This was issued an Approved ZVL for 390 N. H Street,
San Bernardino, CA.
On November 19, 2019, Nibble This submitted CCB application 19 -0002, (Attachment
2), for a change in location from 4130 W. Hallmark Parkway, San Bernardino, CA to 390
N. H Street, San Bernardino, CA.
This item was originally scheduled for consideration by the Mayor and City Council at
the January 15, 2020 meeting. Due to unforeseen circumstances, City staff requested
that the item be continued and re-noticed for the February 5, 2020 meeting.
Discussion
Pursuant to Section 5.10.200(g) of the City of San Bernardino Municipal Code , it is
required of the permit holder to apply for an amendment to its permit in order to change
the location. Therefore, Nibble This, as the permit holder, has submitted an application
in order to amend the location pursuant to the process and fees set forth in Section
5.10.090 as required by 5.10.200(g).
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Nibble This stated that it was not been able to secure the or iginal property located at
4130 W. Hallmark Parkway, San Bernardino, CA as the property owner (Washington
LLC) was also an applicant for a CCB. Because a CCB Permit was not received, the
property owner sued, initiating litigation against the City, and the litigation is ongoing.
Staff is recommending approval of the amendment to allow the change in location since
the applicant cannot force the property owner to make the location available.
Staff has reviewed the location change request and the Zoning Verif ication Letter (ZVL)
Application (Attachment 1) and determined that it meets all requirements set forth in
Chapter 5.10 of the City of San Bernardino Municipal Code. Additionally, pursuant to
Section 5.10.180(c) (Noticing Requirements) of the City of San B ernardino Municipal
Code, a Notice of Public Hearing was sent to all property owners located within a six
hundred (600) foot radius of the proposed business location. Finally, as required by
Section 5.10.180(i) the applicant paid a fee of $3 ,884.
2020-2025 Key Strategic Targets and Goals
The Location Change Request aligns with Key Target No. 1: Financial Stability, by
securing a long-term revenue source.
Fiscal Impact
Commercial Cannabis Business Permit applicants are required to pay an application fee
to recover the City’s costs for processing.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the commercial cannabis business permit location change from
4130 W. Hallmark Parkway to 390 N. H Street.
Attachments
Attachment 1 Zoning Verification Letter Application (ZVL) 19-0007
Attachment 2 Commercial Cannabis Business (CCB) 19-0002
Ward: 1
Synopsis of Previous Council Actions:
February 21, 2019 The Mayor and City Council previously approved CCB18-0032.