PLN2022-0122 - Empire Health and Wellness


SCH Number
Lead Agency
Stanislaus County
Document Title
PLN2022-0122 - Empire Health and Wellness
Document Type
CON - Early Consultation
Present Land Use
Commercial Cannabis retail facility/General Commercial (C-2)/General Commercial
Document Description
This is a request to obtain a Use Permit to allow operation of an existing retail commercial cannabis business with delivery services, within an existing 3,720 square-foot building, in the General Commercial (C-2) zoning district. In accordance with County Code Section 6.78.120(A)(6)(c)(i), the applicant is also requesting a waiver to the required 200-foot setback from adjacent residences. Hours of operation are proposed to be seven days a week, from 8:00 a.m. to 8:00 p.m. The business will include a maximum of seven employees per shift, with up to two shifts. The applicant anticipates a total of two supply deliveries to the site per day and up to 150 sales deliveries to customers per day. Additionally, the applicant proposes site improvements such as: removal of five existing parking stalls within the SR 132 right-of-way, reconfiguration of the existing parking lot by repaving and restriping to develop a total of 19 parking stalls, construction of sidewalk along the A Street and SR 132 frontage, construction of an 8-foot-tall masonry wall along the northern property line, development of a valley gutter stormwater capture system within the parking lot, and installation of landscaping along both street frontages. The project site is served by the City of Modesto with public water and sewer services and is located within Local Agency Formation Commission (LAFCO) adopted Sphere of Influence (SOI) of the City of Modesto. The project was originally approved by the Board of Supervisors on October 19, 2019, under Use Permit (UP) and Development Agreement (DA) Application No. PLN2018-0115 – Empire Health and Wellness. Conditions of Approval for UP and DA No. PLN2018-0115 required completion of site and building improvements no later than December 31, 2020. The applicant did not complete these improvements by this deadline; thus, the Use Permit is now expired and a new use permit is required to be obtained to allow for the continued operation of the business.

Contact Information

Jeremy Ballard
Agency Name
Stanislaus County Planning and Community Development
Job Title
Senior Planner
Contact Types
Lead/Public Agency


Citywide, Countywide
Cross Streets
A Street
Total Acres
Parcel #
State Highways
Modesto & Empire Traction
Glick Middle School & Empire Elementary

Notice of Completion

State Review Period Start
State Review Period End
State Reviewing Agencies
California Air Resources Board (ARB), California Department of Cannabis Control (DCC), California Department of Conservation (DOC), California Department of Fish and Wildlife, Bay Delta Region 3 (CDFW), California Department of Fish and Wildlife, Cannabis Program (CDFW), California Department of Fish and Wildlife, Central Region 4 (CDFW), California Department of Fish and Wildlife, North Central Region 2 (CDFW), California Department of Parks and Recreation, California Department of Pesticide Regulation (DPR), California Department of Resources Recycling and Recovery, California Department of Transportation, District 10 (DOT), California Department of Transportation, Division of Aeronautics (DOT), California Department of Water Resources (DWR), California Highway Patrol (CHP), California Native American Heritage Commission (NAHC), California Natural Resources Agency, California Public Utilities Commission (CPUC), California State Lands Commission (SLC), Central Valley Flood Protection Board, Department of Food and Agriculture (CDFA), Department of Toxic Substances Control, Office of Historic Preservation, State Water Resources Control Board, Division of Water Quality, California Regional Water Quality Control Board, Central Valley Sacramento Region 5 (RWQCB)
State Reviewing Agency Comments
California Regional Water Quality Control Board, Central Valley Sacramento Region 5 (RWQCB)
Development Types
Commercial (Sq. Ft. 3720, Acres 0.3, Employees 14)
Local Actions
Use Permit
Project Issues
Local Review Period Start
Local Review Period End


Draft Environmental Document [Draft IS, NOI_NOA_Public notices, OPR Summary Form, Appx,]
Notice of Completion [NOC] Transmittal form
State Comment Letters [Comments from state reviewing agencies]

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