Approval of Cannabis Outlet near Private School in El Cerrito to be Considered by Board

The Board of Supervisors will convene next week to decide whether to grant licenses for a proposed cannabis retail store in El Cerrito, which would require a variance from the county regulations due to its proximity to a private school.

In May, the Planning Commission was deadlocked 2-2, with one member abstaining, on whether to recommend approval for the conditional use permit and development agreement with Derek Catalano and his Common Sense dispensary, slated to be located at 19700 Temescal Canyon Road.

This project has been in the works since 2019 and previously faced rejection by the Planning Commission in September 2021. At that time, the board suggested that Catalano reconsider the proposed location due to concerns over parking availability and go through the application process again.

After securing double the required number of parking spaces, Catalano reapplied, resulting in the tie vote at the Planning Commission and the upcoming board hearing, which represents his final recourse.

One objection raised by the Planning Commission was the dispensary’s proximity to Olive Branch Christian Academy, located at 702 El Cerrito Road. under County Ordinance No. 348, marijuana dispensaries must be at least 1,000 feet away from any K-12 school. The proposed site is only 990 feet away from Olive Branch Christian.

Catalano is seeking a variance to waive the 1,000-foot rule, and the Department of Planning staff are recommending that the board grant a 10-foot variance at their discretion.

If the majority of the board votes in favor of the proposal, the retail store would operate on a 0.5-acre lot within an existing building. It would feature a reception area, waiting space, office space, and a retail sales desk. The proposed operating hours are from 6 a.m. to 10 p.m., seven days a week. However, mobile deliveries would not be conducted from the site.

According to the 10-year conditional use permit and development agreement, Common Sense would be obligated to make an initial public benefits payment of $26,000 to the county, with an annual payment of $38,000 thereafter increasing by 5% each year. The applicant has also expressed willingness to voluntarily contribute $200,000 annually to the El Cerrito Road Fund, as stated by the Transportation & Land Management Agency.

These public benefit payments aim to offset the county’s costs associated with additional law enforcement, street maintenance, and other services in the vicinity of the retail store.

Since 2020, the board has approved 24 conditional use permits for cannabis businesses in unincorporated communities, with seven already open. Operations have been authorized in Bermuda Dunes, Coronita, East Hemet, Green Acres, Highgrove, Mead Valley, Temescal Valley, Thousand Palms, and Winchester.

Ordinance No. 348 outlines the steps that prospective businesses must follow to be eligible for permits under the county’s Marijuana Comprehensive Regulatory Framework of 2018. The regulations include safety and health measures.

Under an ordinance enacted by the board in March, operators must submit applications to the California Department of Cannabis Control within 60 days of obtaining a conditional use permit from the county. Failure to comply could result in permit revocation. However, there is no specific deadline for the state to process and approve or deny an application, which TLMA officials acknowledge can take nearly a year.

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