Resolution No. 2025-04 Page 1 of 3
RESOLUTION NO. PC-2025-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF COSTA MESA, CALIFORNIA, TO DENY THE APPEAL AND
UPHOLD THE DIRECTOR OF DEVELOPMENT SERVICES
DETERMINATION THAT CONDTIONAL USE PERMIT
APPLICATION PA-21-23 FOR A RETAIL CANNABIS
STOREFRONT BUSINESS LOCATED AT 1687 ORANGE AVENUE
(KING’S CREW) HAS EXPIRED
THE PLANNING COMMISSION O F THE CI TY O F COSTA MESA, CALIFORNIA HEREBY FINDS AND DECLARES AS FOLLOWS:
WHEREAS, appeal application PAPL-25-0001 was filed by Laurie Holcomb, representing Gold Flora Partners Costa Mesa LLC, and the property owner, Orange Ave Investments, LLC, requesting an appeal of the Director of Development Services determination that Conditional Use Permit PA-21-23 to operate a cannabis retail storefront business within an existing 2,778-square-foot commercial building located at 1687 Orange Avenue has expired;
WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 12, 2022 with all persons having the opportunity to speak for and against the Conditional Use Permit, and the project was approved by the Planning Commission on a 5-2 vote;
WHEREAS, Costa Mesa Municipal Code Section 13-29(k)(2)(a) and Condition of Approval No. 2, states that the approval of the planning application is valid for two
years from the effective date and expires at the end of that period unless the applicant establishes the use by one of the following actions: 1) a building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as determined by the Building Official, 2) a certificate of occupancy has been issued, or 3) the use is established and a business license has been issued;
WHEREAS, as of September 20, 2024, two years passed from the effective date of the CUP, and the application expired as none of the required actions for extension or establishing the use were taken, nor has the applicant filed for an extension of time; WHEREAS, the City issued a Notice of Expiration on December 2, 2024; Attachment 3
Resolution No. 2025-04 Page 2 of 3
WHEREAS, an appeal of the Director of Development Service s determination of the expiration of the CUP was filed on December 9, 2024; WHEREAS, a duly noticed public appeal hearing was held by the Planning Commission on February 10, 2025 with all persons having the opportunity to speak for and against the appeal;
WHEREAS, the determination that a Conditional Use Permit has expired based on standard applicable regulations of the Costa Mesa Municipal Code (CMMC) and project conditions of approval is a “ministerial” decision and is therefore exempt from the California Environmental Quality Act pursuant to California Public Resources Code Section 15268; NOW, THEREFORE, based on applicable evidence in the record, project conditions of approval and regulations pursuant to the Cost Mesa Municipal Code, the Planning Commission hereby DENIES the appeal and upholds the Director of Development Services determination that Conditional Use Permit PA-21-23 is expired.
BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the document in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions.
PASSED AND ADOPTED this 10th day of February, 2025.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, Scott Drapkin, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution No. PC-2025-04 was passed and adopted at a regular meeting of the City of Costa Mesa Planning Commission held on February 10, 2025 by the following votes:
AYES: Harlan, Zich, Andrade, Klepack, Martinez, Rojas
NOES: None
ABSENT: Dickson
ABSTAIN: None
Scott Drapkin cretary
Costa Mesa Planning Commission
Resolution No. 2025-04 Page 3 of 3