From: [email protected]
To: [email protected]
Cc: [email protected]
Subject: Application Rejection Notice 18-010
Date: Thursday, August 03, 2023 12:34:27 PM
Attachments: 18-010 -LTR-ApplicationRejection Commerce Cannabis 03 13 23.pdf Good afternoon Mr. Kazanchian,
This correspondence is a final notice that your application will be presented for City Council's consideration to reject your application due to your no-good faith effort on your part to move forward with your application. Your application has been at a standstill for almost four years and the City has been more than accommodating in exercising patience as you determine what course you plan to take with your commercial cannabis business.
Pursuant to Commerce Municipal Code Section 5.61.090(3), the City reserves the right to reject an incomplete application. Additionally, in accordance with Section
5.61.290, the City Manager has authorized to establish an additional policy effective October 10, 2022, which provides the following:
"Any persons or entities who fail to provide a complete application more than 30 days after the first reading, have 30 days to perform on their second reading or 30 days to submit a complete application for a revised development agreement in place of the development agreement that was approved for a first reading. Failure to do so will result in a rejection of the applications." City staff is prepared to recommend to the City Council that they officially reject your application and that no further extensions will be provided.
Sincerely,
Commercial Cannabis Permit Staff
Attachment: Application Rejection Notice 3.13.2023
From: [email protected]
Subject: 18-010: Application Rejection Notice_ Commerce Cannabis Co.
Date: Monday, March 13, 2023 11:50:22 AM
Attachments: 18-010 -LTR-ApplicationRejection Commerce Cannabis 03 13 23.0d DEVELOPMENT AGREEMENT APPLICATION - 2019 (1).pdf
Dear Arsen Kazanchian,
This email is to inform you of your application process with the Commerce Commercial Cannabis Permit Program that has been inactive for almost four years.
Pursuant to Commerce Municipal Code Section 5.61.090(3), the City reserves the right to reject an incomplete application.
Attached is an official letter from the City requesting your immediate attention to proceed with your application or submit a complete Development Agreement to the City's CCP staff by April 7, 2023. Furthermore, to avoid rejection of your application you must commit to a business location and provide the City sufficient evidence of the legal right to occupy and use the proposed location to operate a commercial cannabis business.
If you have any questions, please contact our CCP staff via email at [email protected]
Sincerely,
Commercial Cannabis Permit Staff
CITY OF COMMERCE
COMMERCIAL CANNABIS PERMIT PROGRAM
March 13, 2023
Arsen Kazanchian
Commerce Cannabis Company
18306 Eddy Street
Northridge, CA 91325
RE: APPLICATION REJECTION NOTICE
Application No.: 18-010 Applicant Name: Commerce Cannabis Company Business Premises: 2645 Yates Avenue, Commerce, CA 90040 Dear Mr. Kazanchian,
In October 2018 the City Council adopted Ordinance No. 700, establishing Commercial Cannabis regulations for the City. At that time the Commerce Commercial Cannabis Permit Program (CCP) initiated an open application period where your application was reviewed and deemed appropriate to move forward in the process.
On May 7, 2019, the City Council approved 21 development agreements, including Development Agreement No. 710 for Commerce Cannabis Company. The approval of the development agreements was legally challenged via a lawsuit alleging the approval of the 21 development agreements was invalid due to a procedural defect related to the second reading. In its ruling, the court ruled on behalf of the petitioner and found that the 21 development agreements were invalid.
As a result of the ruling, the City must now treat the aforementioned development agreements as applicants, until their second reading is performed to address the procedural defect or they submit a new Development Agreement application if they are unable to comply with all the terms of the original development agreement. To date, the City has been able to cure the defective reading for a majority of these aforementioned development agreements. Commerce Cannabis Company is among the businesses impacted.
As you know, it has been nearly five years since the application process began, and your application has been at a standstill for almost four years with no good faith effort on your part to move forward The City has been more than accommodating in exercising patience as you determine what course you plan to take with your commercial cannabis business. While the City understands there were unforeseen circumstances like the pandemic that adversely affected many businesses, significant time has also been provided to allow you to keep moving forward in the process, as most applicants have Pursuant to Commerce Municipal Code Section 5.61.090(3), the City reserves the right to reject an incomplete application. Additionally, in accordance with Section 5.61.290, the City Manager has authorized to establish an additional policy effective October 10, 2022 which provides the following:
"Any persons or entities who fail to provide a complete application more than 30 days after first reading, have 30 days to perform on their second reading or 30 days to submit a complete application for a revised development agreement in place of the development agreement that was approved for a first reading. Failure to do so will result in a rejection of the applications." Please confirm you will be ready to move forward with a second reading on April 25, 2023. In order to proceed, you must commit to a business location and provide the City sufficient evidence of legal right to occupy and to use the proposed location to operate a commercial cannabis business. If you are unable to provide the requested information by Thursday, April 7, 2023, City staff will prepare an agenda item for the City Council's consideration of the rejection of your application. City staff is prepared to recommend to the City Council that they officially reject your application and that no further extensions be provided.
Should you have any questions, please feel free to contact our CCP staff via email at [email protected].
Sincerely,
Commercial Cannabis Permit Staff
Enclosure(s):
Commercial Cannabis Development Agreement Application
2535 Commerce Way • Commerce, California 90040 • (323) 722-4805 • www.ci.commerce.ca.us