HomeMy WebLinkAboutRes No 2878PLANNING COMMISSION RESOLUTION NO. 2878
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, REVOKING, IN ITS ENTIRETY, CONDITIONAL USE
PERMIT NO. 17-0018 FOR THE OPERATION OF A CULTIVATION,
MANUFACTURING, DISTRIBUTION, DELIVERY AND RETAIL CANNABIS
BUSINESS LOCATED AT 42-650 MELANIE PLACE
CASE NO. CUP17-0018 REVOCATION
WHEREAS, the City of Palm Desert (“City”) has gathered substantial evidence
regarding the subject establishment’s violations of the terms and conditions of CUP 17-0018,
as well as violations of other ordinances and various provisions of law, as presented to the
Planning Commission in the administrative record, including but not limited to, staff and public
testimony, and other evidence as referenced in this resolution as fully set forth herein; and
WHEREAS, on November 20, 2018, the City of Palm Desert Planning Commission
adopted Resolution No. 2742, approving a Conditional Use Permit (“CUP”) to operate a
cultivation, manufacturing, distribution, delivery, and retail cannabis business subject to
twenty-six (26) conditions located at 42-650 Melanie Place, Palm Desert, California
(“Property”); and
WHEREAS, on June 28, 2019, the California Department of Cannabis Control (“DCC”)
issued a Commercial Cannabis Microbusiness license (License No. Number C12-0000119-
LIC) to allow West Coast Cannabis Club to operate at the property at the subject Property;
and
WHEREAS, on May 19, 2020, the City of Palm Desert Planning Commission adopted
Resolution No. 2775, approving an amendment to the CUP; and
WHEREAS, on July 1, 2024, written notice of a hearing to consider revocation of
CUP17-0018 in its entirety scheduled for July 16, 2024, at 6:00 p.m. with the Planning
Commission in the Council Chamber located at 73510 Fred Waring Drive, Palm Desert, was
provided to West Coast Cannabis Club (“Permittee”); and
WHEREAS, pursuant to Palm Desert Municipal Code (“PDMC”) § 25.72.050(J), the
Palm Desert Planning Commission is authorized to make findings to modify, discontinue,
suspend, or revoke any Conditional Use Permit issued pursuant to Title 25 of the PDMC; and
WHEREAS, the Planning Commission finds and determines that this proposed action
is categorically exempt from the provisions of the California Environmental Quality Act
(“CEQA”), per State CEQA Guidelines Section 15321 – Enforcement Actions by Regulatory
Agencies; and
WHEREAS, the Planning Commission did on July 16, 2024, hold a duly noticed public
hearing to consider this revocation; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the Planning Commission
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did find the following facts and reasons, which are outlined in the staff report, exist to justify
revocation of the Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
SECTION 2. Supporting Evidence. The staff report and attachments and all the
information, evidence, and testimony presented at the July 16, 2024, public hearing are
incorporated herein by reference.
SECTION 3. Findings. Based on the supporting evidence presented to the Planning
Commission at the Public Hearing on July 16, 2024, including the staff report with
attachments and all information presented at the hearing in support of and in opposition to
the revocation, the Planning Commission makes the following independent findings in
accordance with Palm Desert Municipal Code (PDMC) Section 25.72.050(J):
Finding 1.): The Permittee has failed to comply with applicable provisions of the Palm
Desert Municipal Code, including but not limited to the City’s building, zoning, and health
regulations.
Findings of Fact:
Every permittee who surrenders, abandons, or quits the permitted premises after a
certificate of occupancy is issued, or who closes the permitted premises for a period
exceeding sixty (60) consecutive calendar days after a certificate of occupancy is
issued, shall, within sixty (60) calendar days after closing, surrendering, quitting, or
abandoning the permitted premises, surrender the [regulatory] permit to the City
Manager (PDMC 5.101.100). The DCC issued license was allowed to lapse and fully
expire. Additionally, the Permittee has not engaged in cannabis business operations
at the Property since June 26, 2024.
Finding 2.): The Permittee has failed to comply with a condition or conditions imposed
by the conditional use permit.
Findings of Fact:
West Coast Cannabis Club has failed to comply with two conditions of approval of
CUP17-018, approved per Resolution No. 2742 and adopted on November 20, 2018;
specifically, Conditions of Approval Nos. 7 and 11. The following is an overview of the
Conditions of Approval and how West Coast Cannabis Club has violated or failed to
comply with said Conditions of Approval:
A. Condition No. 7: The cannabis manufacturing, cultivation, distribution, and
delivery uses of this property shall not commence until the applicant can
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provide the City’s Community Development Department with proof of a license
issued by the State Bureau of Cannabis Control. Continued use of the property
for cannabis purposes is subject to the applicant maintaining a valid license
from the State Bureau and demonstrating on-going compliance with the City’s
cannabis regulatory permit.
The Permittee has failed to maintain a valid license issued by the State. On June 27,
2024, the Permittee allowed Department of Cannabis Control (“DCC”) License No.
C12-0000119-LIC, which authorized distribution, manufacturing, indoor cultivation,
and retail cannabis use, to lapse and fully expire. DCC records confirm the license is
expired.
B. Condition No. 11: The applicant shall comply with all applicable provisions of
the PDMC Section 5.101 (Commercial Cannabis Regulatory Permits), 8.38
(Personal Use of Cannabis), and 25.34.120 (Commercial Cannabis Business and
Personal Cultivation).
Per PDMC 5.101.100, every permittee who surrenders, abandons, or quits the
permitted premises after a certificate of occupancy is issued, or who closes the
permitted premises for a period exceeding sixty (60) consecutive calendar days after
a certificate of occupancy is used, shall, within sixty (60) calendar days after closing,
surrendering, quitting, or abandoning the permitted premises, surrender the
[regulatory] permit to the City Manager. The DCC issued license (License No. C12-
0000119-LIC) was allowed to lapse and fully expire on June 27, 2024. Additionally,
the Permittee has not engaged in cannabis business operations at the Property since
June 26, 2024.
Finding 3.): The Permittee has allowed the existence of or has created a public
nuisance in violation of the Palm Desert Municipal Code.
Findings of Fact:
There is no substantial evidence that West Coast Cannabis Club has allowed the
existence of or created a public nuisance in violation of the Palm Desert Municipal
Code. In December 2023, the City Building Official and Riverside County Fire Marshal
conducted an inspection of the premises and did not report findings of public nuisance
in violation of applicable codes. The facility obtained fire clearance in January 2024
and subsequently was issued a City Commercial Cannabis Regulatory Permit
(CCRP23-0023) on January 25, 2024. Since that time, there have been no reports or
findings of public nuisance. This finding cannot be made.
SECTION 4. Environmental Review. The proposed action is categorically exempt from
further environmental review and the provisions of the California Environmental Quality Act
(CEQA) per State CEQA Guidelines Section 15321 (Class 21 - Enforcement Actions by
Regulatory Agencies).
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SECTION 5. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City’s office at
73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary
to the Palm Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 6. Execution of Resolution. The Chairperson of the Planning Commission
signs this Resolution, and the Secretary to the Commission shall attest and certify the
passage and adoption thereof.
SECTION 7. Revocation. The Planning Commission hereby revokes Conditional Use
Permit 17-0018 in its entirety as approved by Planning Commission Resolution No. 2742 and
as amended by Planning Commission Resolution No. 2775.
ADOPTED ON July 16, 2024.
RON GREGORY
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert Planning
Commission, hereby certify that Resolution No. 2878 is a full, true, and correct copy, and was
duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on
July 16, 2024, by the following vote:
AYES: GREGORY, HOLT, PRADETTO
NOES: NONE
ABSENT: DELUNA, GREENWOOD
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on July 23 , 2024.
RICHARD D. CANNONE, AICP
SECRETARY