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Project Title: |
Land Use Permit for The Artist Tree cannabis renewal |
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County File(s): |
#CDLP25-02046 |
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Applicant Owner: |
The Artist Tree V LLC Pamela Bishop Trust |
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Zoning/General Plan: |
Zoning: Planned Unit District (P-1) General Plan: Mixed-Use Low Density (MUL) |
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Site Address/Location: |
4100 San Pablo Dam Road, El Sobrante, CA 94803 APN: 420-191-021 |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption - Class 1: CEQA Guidelines Section 15301, Existing Facilities |
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Project Planner: |
Everett Louie, Project Planner (925) 655-2873 Everett.Louie@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
The applicant requests approval of a land use permit to allow for the renewal of licensed cannabis retailer and delivery business within an existing building that was previously approved under CDLP20-02016. No modifications to the building or business operations are proposed at this time.
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) Staff recommends that the Zoning Administrator:
A. FIND that the project is categorically exempt from CEQA under Section 15301 of the CEQA Guidelines
B. APPROVE the Land Use Permit Application County File #CDLP25-02046, based on the attached Findings and subject to the attached Conditions of Approval; and
C. DIRECT Staff to file a Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: Mixed-Use Low Density (MUL).
B. Zoning: Planned Unit District (P-1) Downtown El Sobrante Zoning District.
C. California Environmental Quality Act (CEQA): Categorical Exemption - CEQA Guidelines Section 15301, CEQA Guidelines Section 15301, permitting, licensing of private structures, involving negligible or no expansion of exiting or former use.
The proposed project is to allow for the renewal of an existing licensed cannabis dispensary. There will be no changes to the existing building or business operations. The project is requesting the renewal of a permit to license a previously approved business. Therefore, there is negligible and no expansion of the existing use.
D. Previous Applications:
1. CDSE23-00007: An El Sobrante Administrative Permit to allow for a commercial cannabis sign for The Artist Tree was approved by the Zoning Administrator on June 7, 2023.
2. CDCV21-00052: A compliance review for CDLP20-02016 was approved on September 22, 2021.
3. CDLP20-02016: A land use permit and development plan combination to allow for a cannabis retailer and delivery business within the P-1 Downtown El Sobrante Zoning District was approved by the Zoning Administrator on November 16, 2020.
4. MJ19-0032: A request for proposal for a cannabis retailer was submitted by the Artist Tree on June 26, 2019.
5. MJ19-0022: A request for proposal for a cannabis retailer was submitted by Element 7 Contra Costa LLC.
6. 478-58: A Variance permit to eliminate the setback to a building was approved by the Board of Adjustment on November 6, 1958.
IV. SITE/AREA DESCRIPTION
The subject property is a 0.21-acre parcel developed with a 4,637-square-foot building. The property fronts San Pablo Dam Road to the north and La Colina Road to the west. The parcel has a parking area on San Pablo Dam Road and a smaller parking area on La Colina Road. The building is a two-story building that is currently being used as a cannabis retailer and delivery business named The Artist Tree V.
The immediate area around the subject property consists of uses from single-family and multiple-family residences to commercial uses. Commercial uses include fast food restaurants, retail, and auto shops. San Pablo Creek lies north of the subject property.
V. PROJECT DESCRIPTION
The applicant is requesting approval of a land use permit to allow for the renewal of a licensed cannabis retail and delivery operations business “The Artist Tree V”. Pursuant to 88-28.424 - Permit Renewal, the applicant is requesting for a five-year renewal of the previously approved land use permit CDLP20-02016. There is no modifications to the current building or business operations proposed under this application. The applicant will continue to operate the business as it is currently existing.
VI. AGENCY COMMENTS
A. Contra Costa Environmental Health (CCEH): On December 23, 2025, CCEH provided a letter stating that the business shall obtain a valid health permit from CCEH and to abide by all state and local laws as related to cannabis production and sales.
B. West County Wastewater (WCW): In an email dated December 24, 2025, WCW provided comments stating that the applicant should submit plans to WCW unless WCW previously approved the site.
C. East Bay Municipal Utility District (EBMUD): In an email dated December 17, 2025, EBMUD had no comments.
D. El Sobrante Municipal Advisory Council (ESMAC): The project was referred to the El Sobrante Municipal Advisory Council on December 16, 2025. The project was discussed on January 14, 2026 at the ESMAC meeting and the ESMAC had no objections to the permit renewal.
No comments were received from the following agencies: Building Inspection, Environmental Health, Contra Costa County Fire Protection District, Contra Costa County Mosquito & Vector Control District, El Sobrante Planning and Zoning, Health Services - Tobacco Prevention Program.
VII. STAFF ANALYSIS
A. General Plan Consistency: The project is located within the Mixed-use Low Density (MUL) Land Use Designation. The purpose of the MUL designation is to allow for a wide range of neighborhood-serving retail where a modest level of mixed-use development is appropriate. Within the MUL Land Use Designation, the General Plan has a Density range of 30-75 du/net acre with a 2.0 FAR. Because the project is to allow for the renewal of a licensed commercial cannabis business with no modifications of expansion of the existing approved business, density and FAR do not apply here. The project will allow for the continued operation of a business that provides a community service for retail use. Therefore, the project is consistent with the MUL Land Use Designation.
The project is also subject to Chapter 3: Stronger Communities Element within the Contra Costa County 2045 General Plan which has the following policies for the El Sobrante area:
El Sobrante Policy 1: In mixed-use areas, support development and retention of commercial uses and local-serving businesses in mixed-use areas to meet the daily needs of the community while promoting new residential development.
Staff Response: The project will allow for the renewal of an existing community servicing retail use. The business will continue to provide medical and recreational cannabis related products to local residents on a walk-in basis, as well as via a vehicle delivery service. Therefore, the proposal is consistent with the intent of El Sobrante Policy 1.
El Sobrante Policy 2: Continue improving downtown El Sobrante to create a stronger sense of this area as a town center and destination for residents, using the Downtown El Sobrante Planned Unit Development (P-1) Zoning and Design Guidelines to guide land use and development decisions.
Staff Response: The project will allow for the renewal of an existing community servicing retail use that has been servicing the community since 2023. By allowing the renewal of an established business, the project will continue to enhance El Sobrante by bringing in neighboring residents into the El Sobrante area.
B. Consistency with Zoning: The subject property is located within a Planned Unit District (P-1) Downtown El Sobrante area. Pursuant to the Downtown El Sobrante Planned Unit Development Land Use Matrix, commercial cannabis is not listed as a permitted use in the adopted P-1. However, County File CDLP20-02016 included a modification to the P-1 final development plan to allow such uses. In approving CDLP20-02016, the Zoning Administrator determined that an amendment to the final development plan to include storefront cannabis retailer and deliveries as a use requiring approval of a land use permit. Therefore, the land use matrix for the Downtown El Sobrante P-1 Zoning District was approved to allow commercial cannabis uses.
As mentioned above, the existing business was previously approved under CDLP20-02016 and was subject to a compliance review CDCV21-00052 and an El Sobrante Administrative Permit for signage review CDSE23-00007. The initial land use permit was reviewed for compliance under CDCV21-00052 which shows that the applicant paid the Community Benefit Payment’s required under COA #26 and that the applicant complied with all conditions of approval under the initial land use permit. Artist Tree also applied for a signage review under CDSE23-00007 which was approved by the Zoning Administrator on June 7, 2023. Therefore, the current business is operating within compliance with all terms of the permit being renewed. The proposed project will not modify the existing business or building that the business is within. The project will continue to be conducted completely within the subject building and incorporate best management practices to limit odors, and any other nuisances such as loitering that may negatively affect surrounding properties. As the project does not propose to make any dimensional changes to the existing retail building, the building remains in conformance with the applicable P-1 development standards.
C. Chapter 88-28, Cannabis Regulation: The County’s Cannabis Ordinance regulates commercial cannabis activities and how these businesses are conducted and renewed. As mentioned above, the Artist Tree was previously approved under CDLP20-02016. During the term of the permit, CDLP20-02016 was never revoked and operated within the approved permit. CDLP20-02016 has a five-year expiration date and allows for a renewal of one additional term under Chapter 88-28.424 - Permit renewal. As described below, the project meets the relevant cannabis ordinance regulations.
88-28.424(a)(1): The permittee is in compliance with all of the terms of the permit being renewed, and there are no grounds to suspend or revoke the permit under this chapter or under Article 26-2.20.
Staff Response: CDLP20-02016 was approved on November 16, 2020, and an initial compliance review was reviewed under CDCV21-00052 and approved on September 22, 2021. The business had an opening day of October 7, 2023 and as such, another compliance review was performed under CDSE23-00007. Evidence submitted in the file shows that the applicant complied with all conditions of approval and there are no active code enforcement violations on the parcel or closed violations against The Artist Tree. Furthermore, the applicant has complied with COA #26 which requires a community benefit payment to be submitted to the County every operating year. The applicant has submitted payments for the two operating years of 2023-2024 and 2024-2025. There is no evidence in the record that the permittee is not in compliance with all of the terms of the permit and there are no grounds to suspend or revoke the permit.
88-28.424(a)(2): The commercial cannabis activity authorized under the permit is authorized by this code as of the date the renewal request is made.
Staff Response: Commercial cannabis activity authorized under CDLP20-02016 is authorized at the project location because under County File CDLP20-02016 included a development plan modification to modify the Final Development Plan established for the P-1 Downtown El Sobrante Zoning District (County File #CDDP12-03016) to allow a cannabis retailer and delivery business. Furthermore, Chapter 88-28.412(a)-location requirements, states that commercial cannabis retailers are permitted in the planned unit development (P-1) zoning district. Therefore, commercial cannabis activity is authorized by the code.
88-28.424(a)(3): The permittee maintains a current State license and current County health permit for each commercial cannabis activity authorized by the permit being renewed.
Staff Response: As part of this land use permit submittal, the applicant has submitted evidence that The Artist Tree has maintained a current State License and current County health permit. The State license (C10-0001377-LIC) has an expiration date of August 15, 2026 while the County Health permit (FA ID # FA0048014) has an expiration date of August 22, 2026. Therefore, the permittee maintains the current licenses required. (See Attachment C).
Furthermore, Chapter 88-28.424(d) - requires the following to be made in order for a permit renewal for commercial cannabis activities.
88-28.424(d)(1): The permit renewal request and all required submittals were timely received.
Staff Response: The permit renewal request is determined to be timely pursuant to Section 88-28.424(d)(1). The Land Use Permit CDLP20-02016 was originally approved with an expiration date of November 16, 2025. While the formal application was finalized on December 15, 2025, the applicant initiated the renewal process in June 2025, five months prior to the November 16, 2025, expiration date by requesting filing instructions. Following subsequent coordination between the applicant and the County in early December 2025, a formal application was submitted on December 12, 2025, and paid for on December 15, 2025. These actions represent that a renewal effort commenced within the valid permit term. Staff finds that the applicant’s proactive initiation in June of 2025, followed by the prompt finalization of the submittal in December, satisfies the intent and requirements of the renewal timeframe.
88-28.424(d)(2): The permit is eligible for renewal under this Section 88-28.424.
Staff Response: See responses above under 88-28.424.
88-28.424(d)(3): The applicant has paid all applicable fees required by the County, and has made all deposits required by the County, including, but not limited to, a renewal application fee and a condition compliance fee deposit.
Staff Response: On December 15, 2025, the applicant paid the applicable Land Use Permit fees for CDLP25-02046.
D. Appropriateness of Use: The project will renew the permit term for an existing commercial cannabis facility. Commercial cannabis is a retail business by nature and therefore, complies the intent of the MUL General Plan Land Use Designation and the Downtown El Sobrante Planned Unit District. The project would not modify the existing business or building. Additionally, Code Section 88-28.410 (h) of the cannabis regulation requires compliance reviews at least once in each of the first, second, and fourth year during the initial five-year term of a permit (5-year term maximum allowed). If a permit is renewed for another five-year term, a compliance review must occur after the 2 ½ year point. If it is discovered that the business is in non-compliance with applicable conditions of approval, staff will have the ability to initiate code enforcement actions and/or revocation proceedings to effect compliance.
VIII. CONCLUSION
Staff finds that the proposed renewal of a licensed cannabis retail and delivery operations, as conditioned, would be compatible with the existing development in the surrounding vicinity, would be consistent with the Mixed-Use Low Density (MUL) and the Planned Unit District (P-1). The project does not propose any modifications or changes to the existing use and will continue to provide retail/commercial uses to the community. Staff recommends that the Zoning Administrator approve CDLP25-02046 based on the attached findings and subject to the attached Conditions of Approval.
ATTACHMENTS
Attachment A - Findings and Conditions
Attachment B - Maps
Attachment C - Licenses
Attachment D - Applicant Statement Regarding Renewal
Attachment E - Agency Comments