PETITION IN OPPOSITION TO THE CONDITIONAL USE PERMIT ISSUED FOR FOX DEN DISPENSARY AT 4036 MONTGOMERY DRIVE

The Santa Rosa Planning Commission approved a conditional use permit for Fox Den Dispensary (retail location for medical and adult use cannabis dispensary) at 4036 Montgomery Dr., Suite B, which is immediately in front of Kiwi Preschool & Childcare. The preschool, which has been in operation for 28 years, is a licensed preschool and day care center. Currently, Kiwi teaches approximately 50 preschool children and 16 children that are enrolled in the "TK Program" which is geared to preparing children for Kindergarten. This proposed dispensary location shares a property line with the preschool playground yard where children ages 2-5 years old play much of the day.

Specific to the approval of the conditional use permit by the Santa Rosa Planning Commission, we point the Council to fact that the required "findings" necessary to approve a conditional use permit in this situation have not been met: 1) the design, location, size and operating characteristics of the proposed activity are NOT compatible with the existing and future land uses in the vicinity; 2) the site is NOT physically suitable for the type, density and intensity of the use proposed; and 3) granting the permit would be injurious and/or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons in the vicinity and zoning district in which the property is located.

Accordingly, the residents request the Santa Rosa City Council to overturn the Planning Commission's approval of the conditional use permit for Fox Den Dispensary. Additionally, if the Council is uncertain whether to support this petition, we the residents urge the Council to defer action on this matter so that further empirical analysis can be completed so that the Council can thoroughly evaluate such analysis. Analysis to date, including the anticipated increase in traffic in an already congested location is limited and inadequate.

We, the undersigned, call on the Santa Rosa City Council to overturn the Santa Rosa Planning Commission's approval of the conditional use permit for Fox Den Dispensary.