Cities Index.
3. Notice of Abandonment and Eviction

Costa Mesa City Council
September 2, 2025

Document
3. Notice of Abandonment and Eviction
Meeting
September 2, 2025
Body
Costa Mesa City Council
Original file
451 KB
Text extracted from the city's file for reading and search. Open the original on costamesa.legistar1.com. That file is the official record.

ECONOMIC & DEVELOPMENT SERVICES DEPARTMENT
June 16, 2025
Julie Le
Culture Cannabis Club
3 Corporate Park Suite 200
Irvine, CA 92606
Devon Julian
Culture Cannabis Club
1 Corporate Park Suite 112
Irvine, CA 92606
Shirina Frasiabi
Sweet Inspirations
107 Acamar
Irvine, CA 92618
Sent via USPS Certified Mail and Email
Subject: Notice of abandonment, Cannabis Business Permit MO-21-15, 2301 Newport Boulevard
Dear Ms. Le:

This is a notice that the cannabis business located at 2301 Newport Boulevard, permitted under Cannabis Business Permit no. MO-21-15, is considered nonoperational and abandoned persuant to Costa Mesa Municipal Code (CMMC) Section 9-495(h)(16):

A permitted commercial cannabis retail business shall have 180 days after permit issuance by the city to commence operations, after which the permit shall be void and of no further force and effect. A cannabis retail business shall be considered nonoperational and abandoned after failing to report income and/or reporting no income to the city in any one quarter, ceasing to operate, losing the right to occupy the permitted premises or otherwise failing to maintain an on-going permitted business at the premises for a total of 90 days in any 12 month period. A notice of determination of abandonment shall be delivered to the premises of the retail business and is subject to appeal pursuant to Chapter IX of 77 FAIR DRIVE, POST OFFICE BOX 1200, COSTA MESA CA. 92628-1200 Building Safety Division (714) 754-5273 Community Improvement Division (714) 754-5638 Housing & Community Development (714) 754-4870 Planning Division (714) 754-5245 www.costamesaca.gov
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ATTACHMENT 3

ECONOMIC & DEVELOPMENT SERVICES DEPARTMENT
Title 2. The forgoing notwithstanding, a permitted commercial cannabis business may temporarily suspend operations for a period of time not to exceed 90 days as may be reasonably required to affect upgrades, modifications, repairs, and/or to remedy other real property related problems, as approved in writing by the director or city manager.

Per the attached eviction notice, the business lost the right to occupy the permitted premises on April 29, 2025. Furthermore, the business failed to maintain an on-going permitted business for more than 90 daysin a 12-month period. This letter is the notice of abandonment of the cannabis business permit (CBP). The CBP is considered null and void as ofthe eviction on April 29, 2025.

Per CMMC 9-484:

It is the responsibility of the owners and operators of the cannabis business to ensure that it is, at all times, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder.

Per CMMC 9-478:

No person may engage in any cannabis business orin any cannabis activity within the city including manufacturing, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person: (1) has a valid cannabis business permit from the city that authorizes the specific business and activity at specific location; (2) has a valid business license issued to the entity that is listed on the cannabis business permit; and (3) is currently in compliance with all other applicable state and local laws and regulations pertaining to the cannabis business and cannabis activity. All cannabis business permits shall include a copy of a written notice to any existing tenant of the proposed business premises from the owner of the property of the intent to file a cannabis business permit application for those premises.

The subject business cannot operate without a CBP per the CMMC sections above and Conditional Use Permit PA-21-22 General Condition of Approval no. 3:

3. No person may engage in any cannabis business or in any cannabis activity within the Cityincluding delivery or sale of cannabis or a cannabis product unless the person:
a. Has a valid Cannabis Business Permit from the City; b. Has paid all Cannabis Business Permit and all application fees and deposits established by resolution of the City Council, including annual Community Improvement Division inspection deposits;
77 FAIR DRIVE, POST OFFICE BOX 1200, COSTA MESA CA. 92628-1200 Building Safety Division (714) 754-5273 Community Improvement Division (714) 754-5638 Housing & Community Development (714) 7'Ei4-4B70 Planning Division (714) 754-5245 www. costamesaca.gov
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ECONOMIC & DEVELOPMENT SERVICES DEPARTMENT
c. Has obtained all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such cannabis business intends to operate; d. Has obtained a City business license pursuantto Chapterl ofthe Municipal Code;
e. Is in compliance with all requirements ofthe Community Improvement Division regarding the property;
f. Has obtained any and all licenses required by State law and/or regulations; and g. Has satisfied all CUP conditions of approval.

If you wish to appeal the determination, an appeal must be filed, accompanied by the appeal fee, with the City Clerk, 77 Fair Drive, Costa Mesa, CA before 5:00 pm on June 23, 2025, pursuant to the provisions of CMMC Title 2, Chapter IX, Sections 2-300 to 2-3'l4.

Please contact the City Clerk's Office at 714-754-5225 if you have any questions.

Sincerely,
Director of Economic and Development Services
CC: Tarquin Preziosi, Esq., Assistant City Attorney Enclosure: Copy of the Eviction Notice
77 FAIR DRIVE, POST OFFICE BOX 1200, COSTA MESA CA. 92628-1200 Building Safety Division (714) 754-5273 Community Improvement Division (714) 754-5638 Housing & Community Development (714) 754-4870 Planning Division (714) 754-5245 www.costam esaca.gov
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