SEP 2 3 2023
AGREEMENT REGARDING DEFERRAL OF SPECIFIED CONDITIONS OF APPROVAL RELATING TO THE OPERATION OF SEAWEED HOLISTICS day of September, 2020 ("Effective Date"), by and among Seaweed Holistics LLC a California This AGREEMENT (the "Agreement") is made and entered into effective this 21 St Limited Liability Company ("Seaweed") and the City of Pacifica, a municipal corporation ("City"). Seaweed and the City will be referred to individually as Seaweed, City or "Party" and collectively referred to as "Parties."
RECITALS
This Agreement is made in contemplation of the following Recitals:
cannabis business located on property at 450 Dondee St., Suite 2, Pacifica, California, 94044, A. Ana C. Leaño-Williams is the single managing member for Seaweed, which is a also known as Assessor's Parcel Number 022-021-640; and B. On September 16, 2019, the Planning Commission of the City of Pacifica approved Cannabis Activity Permit ("CAP)-8-18 (File No. 2018-029), subject to specific Conditions of Approval. Attached hereto and hereinafter incorporated as Exhibit A is a true and correct copy attached thereto and hereto; and of Planning Commission Resolution No. 2019-031 and Conditions of Approval ("Conditions") C. Condition 9 of the Conditions states as follows:
"Prior to commencement of operations, the Applicant shall obtain a building permit to modify the first floor storefront to increase the horizontal and overall measurements of the glass on the first floor storefront to meet or exceed the requirements of PM Section 4-16.03(c)(1)(ii), to the satisfaction of the Planning Director. New windows or doors proposed on the storefront shall be architectural compatible with the remainder of the building, to the satisfaction of the Planning Director." ("COA 9"); and
D. Condition 18 of the Conditions states as follows:
"All outstanding and applicable fees associated with the processing of this project shall be paid within 30 days of the approval of Cannabis Use Permit ("CAP-8-18"). The Cannabis Retail Operation shall not commence operations until such fees are paid." ("COA 18"); and E. The Pacifica Police Department issued the Cannabis Public Safety License on October 16, 2019 and it expires on October 16, 2020. The California Bureau of Cannabis Control Cannabis -Retailer License (No. C10-0000719-LIC) was issued to Seaweed on June 2, 2020 and expires on June 2, 2021; and
F. While Seaweed has made some progress towards completion of the Conditions of Approval, two Conditions remain outstanding: COA 9 and COA 18. Although both COA 9 and COA 18 require that they must be satisfied prior to commencement of retail operations, Seaweed has indicated that in order to satisfy COA 9 and COA 18, Seaweed must commence operations to generate revenue through medicinal and recreational cannabis retail sales; and - 1-
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G. The City is willing to temporarily defer compliance with COA 9 and COA 18, as described in Section 4 of the Agreement below, to allow Seaweed to commence operations to generate the revenue necessary to satisty COA 9 and COA 18 provided Seaweed expeditiously processes an application to modify COA 9 and COA 18 and the Planning Commission approves a formal amendment to COA 9 and COA 18 to reflect that compliance with those conditions may be satisfied after commencement of operations; and
H. This Agreement sets forth the terms and conditions relating to the temporary deferral of compliance with COA 9 and COA 18.
AGREEMENT
NOW, THEREFORE, based on and in consideration of the mutual promises and agreements contained herein and the recitals set forth above and incorporated in this Agreement, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Recitals. The Parties agree that the foregoing Recitals are true and correct and are incorporated as terms of the Agreement.
Deferral of COA 9 and COA 18. In order to allow Seaweed to commence operations to generate revenue through medicinal and recreational cannabis retail sales, the City agrees to temporarily defer compliance with COA 9 and COA 18, contingent upon Seaweed's compliance with the following provisions (a)-(b):
a) Within two (2) weeks of the Effective Date of this Agreement, Seaweed shall submit an application and all required associated materials to the Planning Division to amend COA 9 and COA 18 to reflect that compliance with COA 9 and COA 18 may be achieved after retail operations have commenced ("Application for Amendments"); and
b) • During the processing of the Application for Amendments Seaweed shall comply with all other Conditions and applicable regulations and laws.
3. Consideration of Application for Amendments. Seaweed recognizes and agrees hat the Planning Commission and City Council (if the Application for Amendments is appealer o Council), retain full discretion and the City makes no guarantees or representations regardin the exercise of the Planning Commission's or City Council's discretion in the consideration of the Application for Amendments.
a) Approval of Application for Amendments. If the Application for Amendments is approved by the Planning Commission and no appeal is timely filed, or if an appeal is filed and ultimately denied by the Council, the Parties agree that Seaweed shall comply with the timeline set forth in Section 4 for storefront window modification and payment of outstanding fees associated with processing of CAP-8-18. - 2-
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b) Denial of Application for Amendments. In the event the Application for Amendments is denied by the Planning Commission, Seaweed may choose to appeal the Planning Commission decision to the City Council. If no appeal of the denial is filed, or if the appeal of the Planning Commission's denial, is filed and subsequently denied by the City Council, then within thirty (30) days of the final decision by the City Council or Planning Commission to deny the Application for Amendments, Seaweed shall comply with all Conditions, including COA 9 and COA 18. If Seaweed cannot comply with COA 9 and COA 18, Seaweed shall cease all retail operations until such time that Seaweed can comply with COA 9 and COA 18.
4. Timeline for Storefront Window Modification and Payment of All Outstanding Fees Associated with CAP 8-18.
a) Storefront Window Modification.
i. Plans and specifications, a building permit application and any other necessary submittals for the modification of the first floor storefront to increase the horizontal and overall measurements of the glass on the first floor storefront to meet or exceed the requirements of the PMC Section 4
16.03(c)(1)(ii), shall be submitted to the Planning Director within two (2) weeks of the approval of the Application for Amendments by the Planning Commission or by the Council following an appeal; and
ii. Within three (3) working days of notice from City that a building permit is ready to be issued, Seaweed shall pay all applicable building permit fees; and
ili. Within two (2) weeks of building permit issuance date, Seaweed shall complete window installation and request a building final inspection. If • additional time is needed due to a special order of materials, parties must mutually agree in writing prior to the deadline on an alternative deadline with documentation of order and shipment delivery date. b) Payment of All Outstanding Fees Associated with CAP-8-18 and Costs Relating to Processing of Application for Amendments.
i. Within sixty (60) days of the approval of the Application for Amendments by the Planning Commission Seaweed shall pay in full all outstanding fees associated with processing CAP-8-18, which are $ 4,080.56, as well as, all costs, including but not limited to, staff time, administrative costs, legal fees and any other costs incurred by the City ("City Costs") associated with preparing this Agreement and all City Costs and associated fees relating to the Planning Commission hearing to consider the Application for Amendments and appeal(s) of the Planning Commission decision, if any.
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6. Other Payments Owed to City.
On May 28, 2019, the City and Ana C. Leaño-Williams and Anthony Williams, doing business as Seaweed Holistics and Elevated Minds, Inc. and Hanni and • Ronald Grindrod, as real parties in interest for the Ronald and Hanni Grindrod Family Trust entered into a settlement agreement relating to the City lawsuit (San Mateo County Superior Court Case No. 18-CIV-06222) ("Settlement Agreement"). A copy of that Settlement Agreement is attached hereto and hereinafter incorporated by reference as Exhibit B.
The Parties agree that nothing stated herein shall be deemed an amendment or waiver of the City's ability to collect the outstanding amounts owed pursuant to the Settlement Agreement.
:%. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.
Signatures transmitted by facsimile shall be valid and binding and considered original signatures for all purposes.
8. Governing Law. This Agreement has been negotiated and entered into in the State of California, and shall be governed by, and construed and enforced in accordance with, the internal laws of the State of California, applied to contracts made in California by California domiciliaries to be wholly performed in California. Any action to enforce any term or condition of this Agreement shall be brought in the Superior Court of California, San Mateo County, which shall hear or determine any such dispute.
Benefit and Burden. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, representatives, successors, and permissible assigns.
10. Waiver and Amendment. No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one breach of any provision hereof shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. This Agreement may be amended only by a written agreement executed by all of the parties in interest at the time of the modification.
11. Captions and Interpretations. Paragraph titles or captions contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or describe the scope of this Agreement or any provision hereof. This Agreement shall be deemed to have been drafted by legal counsel for all of the parties to this Agreement. No provision in this Agreement is to be interpreted for or against any party because that party or his legal representative drafted such provision.
12. Singular and Plural. Whenever the singular number is used herein and when required by the context, the same shall include the plural.
13. Integration. This Agreement and any attached exhibits set forth the entire agreement between the parties with regard to the specific subject matter hereof. All agreements, - 4-
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covenants, representations and warranties, express and implied, oral and written, of the parties with regard to the specific subject matter hereof are contained in this Agreement. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to any other party with respect to the specific subject matter of this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties with respect to the subject matter hereof are waived, merged herein and superseded by this Agreement. This is a fully integrated agreement.
14. Voluntary Agreement. The parties hereto, and each of them, further represent and declare that they have carefully read this Agreement, know and understand the contents of this Agreement, and that each and every party hereto signs this Agreement freely, voluntarily, without fraud, duress, or undue influence and with a complete and full understanding of its terms.
15. Public Information. This Agreement is a public record under the California Public Records Act (Gov. Code § 6250 et. seg.). The City thus reserves the right to provide this Agreement to members of the public.
16. Legal Advice. The Parties have received or have had the opportunity to receive independent legal advice with respect to the advisability of entering into this Agreement.
17. No Modification. This Agreement can be amended, modified or terminated only by a writing executed by each of the parties and no future representations, promises or conditions not set forth herein in connection with the subject matter of this Agreement shall be binding upon any party to this Agreement unless made in writing and signed by each party.
18. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portion of the Agreement shall continue to be valid and will be performed, construed, and fully enforced to the fullest extent permitted by law, and the invalid or unenforceable term shall be deemed amended and limited in accordance with the intention of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.
19. Notice. Where notice is required to be given under the terms of this Agreement, or communication is otherwise necessary to effectuate the terms of this Agreement, such notice or communication shall be given in writing, by fax and/or U.S. Mail, as set forth below. All notices so sent shall be deemed to have been delivered, effective, made or communicated, as the case may be, (i) at the time that the notice and the required copies, if any, shall have been personally delivered, or faxed, (ii) three days after the notice and required copies, if any, have been deposited, properly addressed as provided above, first class postage in the United States mail, (iii) the day following the date the notice and required copies, if any, have been delivered to an express carrier (such as Federal Express) or sent by Express Next Day Delivery through the United States mail; or (iv) the day following the date the notice and required copies, if any, have been delivered by facsimile as confirmed by sender's receipt of a facsimile transmission confirmation.
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City of Pacifica:
Kevin Woodhouse
City Manager, City of Pacifica
170 Santa Maria Ave
Pacifica, CA 94044
With copies to:
Michelle Marchetta Kenyon, Esq.
Burke, Williams & Sorensen, LLP
1901 Harrison Street, Suite 900
Oakland, CA 94612
(510) 273-8780
(510) 839-9104
Seaweed: Ana C. Leaño-Williams
450 Dondee St #2,
Pacifica, CA 94044
Tel: (650) 735-5503
With copies to:
tephen Tigerman, ESC
larowitz & ligerman, LL
80 Eureka Square, Suite 212
Pacifica, CA 94044
(415) 788-1588
(415) 788-1598
***
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IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first written abo By:
Kevin Woodhouse, Pacifica City Manager
Seaweed:
By:
Ana C. Leano wipiams, Seaweed Holistics LLC •
ATTEST:
By:
Sarah Coffey, Pacifica City Clerk
APPROVED AS TO FORMA
By:
Michelle Marchetta Kenyon, City Attorney
City Attorney, City of Pacifica
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OAK #4810-5151-6874 vi
RESOLUTION NO. 2019-031
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PACIFICA APPROVING CANNABIS ACTIVITY PERMIT CAP-8-18 (FILE NO. 2018-029),
SUBJECT TO CONDITIONS, TO ESTABLISH AND OPERATE A CANNABIS RETAIL OPERATION AT 450 DONDEE WAY, SUITE 2 (APN 022-021-640), AND FINDING THE
PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
Initiated by: Ana Leaño-Williams of Seaweed Holistics ("Applicant") WHEREAS, the City of Pacifica's Zoning Regulations for Cannabis Operations are codified in Article 48 (Cannabis Regulations) of Chapter 4 of Title 9 of the Pacifica Municipal Code (PMC); and
WHEREAS, the Applicant has submitted an application to establish a Cannabis Retail Operation for the sale of medicinal and adult-use cannabis and cannabis-related products at 450 Dondee Way, Suite 2 (APN 022-021-640) within the C-1 (Neighborhood Commercial) zoning district and CZ. (Coastal Zone) and CO-RB (Cannabis Operation, Rockaway Beach Overlay District) overlay zoning districts; and
WHEREAS, the project requires approval of a Cannabis Activity Permit (CAP) pursuant to PMC Section 9-4.4803(b); and
WHEREAS, the Applicant has contemplated a transfer of business entities from a sole proprietorship to a single member- manager limited liability company (LL.C), the ownership of which consists wholly of the Applicant, and which transfer would be permissible within the limitations established in Section 9-4.4804(e)(3) of the PMC because the beneficial ownership and control of the cannabis operation would remain the same, and provided the LLC adds no additional members with 20 percent or greater share of ownership interest, and provided the Applicant retains 51 percent or greater ownership of the LLC, except as such limitations may be modified in the future by the City Council of the City of Pacifica; and WHEREAS, the Planning Commission of the City of Pacifica held a duly noticed public hearing on September 16, 2019, at which time it considered all oral and documentary evidence presented, and incorporated all testimony and documents into the record by reference.
NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Pacifica as follows:
A. The above recitals are true and correct and material to this Resolution.
In making its findings, the Planning Commission relied upon and hereby incorporates by reference all correspondence, staff reports, and other related materials.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Pacifica does hereby make the finding that the project qualifies for Class 1 categorical exemption under California Environmental Quality Act (CEQA) Guidelines Sections 15301, as described below:
Class 1 exemption provided in Section 15301 of the CEQA Guidelines states in part:
Resolution for Approval
450 Dondee Way, Suite 2 (APN 022-021-640)
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 15, 2019
Class I consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination... The key consideration is whether the project involves negligible or no expansion of an existing use.
The subject location of the proposed use is an existing commercial structure within a commercial zoned district. Therefore, the proposed use would be consistent with a Class 1 exemption because it would involve only minor interior alterations, would not result in any physical construction outside the footprint of the existing structure except for installation of new windows, and would not result in a use of greater intensity than the type of retail commercial uses for which the area has been designated.
The project also does not trigger any of the exceptions to the exemption outlined in CEQA Guidelines Section 15300.2, as described below:
• Sec. 15300.2(a): There is no evidence in the record that the project would impact an environmental resource of hazardous or critical concern in an area designated, precisely mapped. and officially adopted pursuant to law by federal, State, or local agencies. The proposed project involves commencement of a cannabis retail business within an existing structure.
Sec. 15300.2(b): There is no evidence in the record that successive projects of the same type in the area would have a significant environmental impact. The project involves the location of a cannabis retail business within an existing commercial tenant space.
Sec. 15300.2(C): There is no evidence in the record of any possibility that the project would have a significant effect on the environment due to unusual circumstances. The project site is zoned for commercial retail use and the cannabis business use proposed does not have any unique characteristics which could cause potentially significant environmental impacts.
Sec. 15300.2(d), (e) and (f): The project is not visible from Highway 1, which is an eligible scenic highway but is not designated as such; does not involve a current or former hazardous waste site; and does not affect a historic resource. Therefore, the provisions of subsections (d) through (f) are not applicable to this project.
For the reasons set forth above, there is substantial evidence in the record to demonstrate the proposed project qualifies as a Class 1 exemption and none of the exceptions to application of an exemption are applicable.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Pacifica does make the following findings pertaining to Cannabis Activity Permit, CAP-8-18:
Standard Use Permit Findings (Section 9-4.3303)
(1) That the establishment, maintenance, or operation of the use or building applied for will ot, under the circumstances of the particular case, be detrimental to the health, safer nd welfare of the persons residing or working in the neighborhood or to the genero welfare of the City.
2 Resolution for Approval
450 Dondee Way, Suite 2 (APN 022-021-640)
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 16, 2019
As conditioned, the proposed CRO would not be detrimental to the health, safety, and welfare of the greater public. The Applicant has submitted a security plan that has been reviewed and approved by the Police Chief which would ensure safe operation of the facility. The security plan includes physical security measures such as several security cameras, video recorder, and 24/7 security monitoring, which would deter crime and assist with investigating any incidents which may occur. Due to some minor changes made to the front façade for PMC compliance (minimum window requirements, PM Section 4-16.03(c)(1(ii)) and additions to physical security measures, the Applicant would submit a revised security plan for Police Chief review. The proposed CRO would not be allowed to operate until the Police Chief has reviewed and approved the revisions to the security plan.
Furthermore, the operation would be located entirely inside an existing commercial building located in a commercially zoned neighborhood and any noise from the CRO, such as from customers entering and exiting the business, would be consistent with surrounding commercial retail operations. The tenant space does not include any outdoor patio space where clients might congregate to generate noise or litter. In light of these circumstances, the proposed CRO would not result in any adverse impacts to the community.
(2) That the use or building applied for is consistent with the applicable provisions of the General Plan and other applicable laws of the City and, where applicable, the local Coastal Pian.
The proposed cannabis business would be located entirely within an area designated "Commercial" in the neighborhood land use diagram of the General Plan and Local Coastal Plan (LCP) and designated Mixed Use in the Rockaway Specific Plan. The use, if approved, would be consistent with the following General Plan policies:
Community Facilities Policy 4: Meet basic social needs of City residents, such as transportation, housing, health, information and referral services, and safety, consisten! with financial constrain/s.
The proposed cannabis business would provide a lawful source of medicinal, as well as adult-use, cannabis to Pacifica's residents, thereby helping to meet their health needs without a commitment of public financial resources. As expressed at the public hearings held during development of the City's Marijuana Ordinances, many Pacifica residents rely on medicinal cannabis to treat various maladies. • Page 76: "The focus for future development in Rockaway Beach shauld be commercial development emphasizing visitor-serving commercial uses, such as hotels, restaurants, and retail shops that will take advantage of the neighborhood's coastal location. Although visitor-serving uses should predominate, a mixture of some local-serving businesses, such as offices and personal service establishments will complement the area and meet community needs."
The proposed cannabis retail business would provide a lawful source of medicinal and adult-use cannabis, which would attract and serve both locals, as discussed above, and visitors, due to the specialty nature of the product. Therefore the business would support the intended mix of business types for area. 3 Resolution for Approval
450 Dondee Way, Suite 2 (APN 022-021-640)
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 16, 2019
The cannabis business would also be consistent with the City's LCP. The Plan Conclusions section of the CP states that "neighborhood serving commercial uses to support local residents' needs shall be allowed... but shall not predominate" (p. C-107). As noted above, the proposed CRO would meet local residents' needs for lawful access to medicinal and adult-use cannabis.
Thus, commencement of the use would be consistent with the intended land use of this portion of the Rockaway Beach neighborhood.
The CRO would also be consistent with the Mixed Use designation in the Rockaway Specific Plan. The Specific Plan describes Mixed Use as "intended to allow activities such as lodging, restaurants, and retail goods and services which enable visitors to enjoy the coastal environment." Due to the specialty nature of a CRO, visitors would likely enjoy the CRO.
The proposed use has also undergone a thorough review by City staff including the Police Chief and Planning Department staff to ensure consistency with Article 48 "Cannabis Regulations" of Pacifica's Zoning Regulations (PMC Title 9, Chapter 4) and Chapter 16 "Cannabis Public Safety Licenses" of Pacifica's public safety ordinances (PMC Title 4). The Applicant has already obtained approval of Phases 1 and 2 of the application process and is seeking approval of Phase 3 of the process by Planning Commission action on the subject Cannabis Activity Permit. By submitting application materials which demonstrate an intention to comply with the City's ordinances regulating cannabis business activity, the Applicant's operation, as conditioned, would comply with all applicable laws of the City governing cannabis-related activities For the reasons stated above, the proposed use is consistent with the applicable provisions of the General Plan, Local Coastal Plan, and other applicable laws of the City. (3) Where applicable, that the use or building applied for is consistent with the City's adopted Design Guidelines.
The City has adopted Design Guidelines which are intended to accomplish the following purposes:
• Ensure at least a minimum standard of design through the application of consistent policies.
• Encourage new construction which exceeds minimum standards and discourage construction which falls short of those standards.
• Provide a framework for review and evaluation of design proposals. • Implement applicable General Plan and Local Coastal Plan goals and policies. • Expedite and facilitate the planning permit process.
• Provide direction for design and redesign of projects.
The City's Design Guidelines are advisory in nature and, unlike zoning, do not contain explicit standards for determining strict compliance. Rather, they address significant elements of project design that, when balanced overall, result in the best possible site layout and building architecture for a project. An applicant may propose a project that complies with some but not all guidelines and the Planning Commission may still find the project consistent with the Design Guidelines. It is up to the Commission's discretion to determine the appropriate balance and relative priority of the guidelines for a particular project when considering whether a project has achieved Design Guidelines consistency.
Design Guidelines that would apply to the subject project would pertain to site planning, building 4 Resalution for Approval
450 Dondee Way, Suite 2 (APN 022-021-640]
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 16, 2019
design, and landscaping. The Applicant does not propose to modify the site plan or the building's architecture or lighting. A condition of approval would require modification of the front window to meet PMC Section 4-16.03(c)(1)(ii).
Supplemental Cannabis Activity Permit Findings (Section 9-4.4805(a)(1)) (1) For cannabis activity permit applications submitted pursuant to Section 9-4.4804(a), the cannabis operation applicant has heen placed on the qualified cannabis registration list, as described in Section 9-4.4804(a)(L)(it)(ad). For all other cannabis activity permit applications, that the Planning Department has received written notification from the Chief of Police that the applicant has complied with ail requirements for satisfactory compietion of the phase one and phase two cannabis public safety license requirements contained in Chapter 16 of Title 4 of this Code.
The application is compliant with Section 9-4.4804(a), as the Applicant applied under the initial application phase. The Police Chief placed Ana Leaño-Williams of Seaweed Holistics on the Qualified Marijuana Registration List (the original name for the Qualified Cannabis Registration List) as Qualified Cannabis Registrant (QCR) #18-12 on May 1, 2018. The applicant has successfully completed phases one and two of the public safety license requirements contained in Chapter 16 of Title 4. Therefore, there is sufficient information to make this finding.
(2) The cannabis activity permit application is complete and the applicant has submitted all information and materials required by Section 9-4.4804(c) and (d).
The CAP application contains all the required information as determined after a review by Planning Department staff. The Planning Department deemed the application complete on September 6, 2019. Therefore, there is sufficient information to make this finding.
(3) The proposed location of the cannabis operation is not likely to have a potentially adverse effect on the health, peace, or sajety of persons due to the cannabis operation's proposed proximity to a school, day care center, youth center, public park, playground, recreational center, school bus stop, premises frequented by children, religious establishment, or other similar uses.
The proposed location is within a commercial area, and located in the CO-RB overlay district which is intended for Cannabis Retail Operations. The proposed site is not located within 600 feet of an identified school or youth center, nor is it within 200 feet from any daycare center; the proposed site and business is consistent with and complies with the locational limitations set forth in PM Section 9-4.4803(c)(2). Therefore, the proposed cannabis business is not likely to have a potentially adverse effect on the health, peace, or safety of persons, including children, at this location.
Therefore, the proposed cannabis business is not anticipated to have any potentially adverse effect on health, peace, or safety due to its proximity to the enumerated sensitive uses.
5 Resolution for Approval
450 Dondee Way, Suite 2 (APN 022-021-640)
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 16, 2019
(4) The proposed location of the cannabis operation is not likely to have a potentially adverse effect on the health, peace, or safety of persons due to the cannabis operation's proposed proximity to another existing or permitted cannabis operation.
The proximity of the business in relation to other cannabis operations is not likely to have an adverse effect on the community. Two other cannabis retail operations were approved in CO-RB, including 450 Old County Road (MUP-10-18; approximately 150 feet east of the subject site) and 403 Dondee Way (MUP-3-18; approximately 300 feet north of the subject site). Neither of the approved businesses are currently open; however, both operations were reviewed and approved under similar operational standards and public safety requirements that are applicable to the proposed project. Therefore, each operation should address their individual public health, peace, and safety considerations and there is no information that identifies a cumulative impact would occur as a result of the proximity to other cannabis operations. Moreover, the City Council affirmatively determined that up to three CAPs were permissible within the CO-RB overlay district. (5) The design of the storefront or structure within which the cannabis operation will operate is architecturally compatible with surrounding storefronts and structures in terms of materials, color, windows, lighting, sound, and overali design.
The existing design of the storefront is architecturally compatible with the surrounding storefionts and structures in terms of materials, color, lighting, and overall design, and the Applicant proposes no significant changes to the storefront. However, PMC Section 4-16.03(c)(1)(ii) sets a minimum standard for the amount of glass along the storefront, and the Applicant has proposed minor alterations to the storefront to achieve compliance with this standard. The use of the second floor of the unit would only be for employee access; therefore, the second story portion of the front elevation is not considered the storefront for the purposes of compliance with PMC Section 4-16.03(c)(1)(ii).
The first floor of the proposed storefront is 24' wide and 8: high for a total of 192 sf. The first floor of the existing storefront currently has a 10' by 6' window and a door with a 2' by 5'-6" glass panel for a total of 71 sf of glass. Therefore, the existing glass along the first story storefront does not occupy at least 45 percent (86.4 sf minimum) of the storefront nor does the 10' wide window plus the 2' wide glass panel door meet the 60 percent of horizontal length of the store (14'-3" minimum). A condition of approval would require modification of the front window to comply with PMC Section 4-
16.03(c)(1)(ii). The condition of approval would require the style of the new window to be architecturally compatible. Therefore, the minor nature of the modification of the façade and the requirement controlling the design of the new window would ensure the modification to the façade would be architecturally compatible with the surrounding storefronts and structures. Therefore, as conditioned, there is sufficient information to make this finding.
(6) The proposed size of the cannabis operation is appropriate to meet the needs of the local Pacifica community for access to cannabis and that the size complies with all requirements of the City's Zoning Regulations.
The size of the operation includes 672 sf of retail space and 352 sf of office space, is not oversized to meet regional demand, and, thus, is appropriate to meet the needs of the local Pacifica community for access to cannabis. There is no applicable size limitation in 6 Resolution for Approval
450 Dondee Way, Suite 2 (APN 022-021-640)
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 16, 2019
the City's Zoning Regulations on general commercial spaces or CROs specifically. The operation does not create any parking or traffic concerns based on its size. For these reasons, the proposed size of the cannabis operation is appropriate under the criteria of this finding.
(7) The location is not prohibited under the provisions of this article or any local or state law, statute, rule, or regulation, and no significant nuisance issues or problems are likely or anticipated, and that compliance with other applicable requirements of the City's Zoning Regulations will be accomplished
Planning Commission is unaware of any local or state laws, rules, or regulations which would be violated by operation of the subject cannabis business in the identified location after it obtains a Cannabis Activity Permit, Cannabis Public Safety License, and applicable license(s) from the State of California. The location is within a Cannabis Operation Overlay District which authorizes Cannabis Retail Operations and is outside all buffer areas from sensitive uses which include K-12 schools, youth centers, and day care centers. Based on the project's relatively small size and as discussed in Supplemental Cannabis Activity Permit Finding No. 8 below, no significant nuisance issues or problems are likely or anticipated.
The project as proposed also accomplishes compliance with other applicable requirements of the City's Zoning Regulations. As noted in this report, the existing retail commercial space is served by the off-site public parking lot that is located immediately across Dondee Way from the site. PMC Section 9-4.2818(b)(12) establishes a parking requirement for "cannabis retail operations" of one parking space for each 300 square feet of gross leasable space, plus additional spaces as necessary based on the unique needs of the operation as determined by the Commission. The cannabis retail operation parking requirement is the same as "retail stores and services establishments"; therefore, the conversion of the space from a retail space to a cannabis retail space would not increase the parking demand. No unique characteristics of the proposed cannabis operation have been identified which would warrant additional parking. Therefore, there is sufficient information to make this finding.
(8) The cannabis operation is not likely to have an adverse effect on the health, peace, or safety of persons living or working in the surrounding area, overly burden a specific neighborhood, or contribute to a public nuisance, and will generally not result in repeated nuisance activities including disturbances of the peace, illegal drug activity. cannabis use in public, harassment of passersby, excessive littering, excessive loitering. illegal parking, excessive loud noises (especially late at night or early in the morning hours), lewd conduct, or police detentions or arrests.
Its small size; the adequacy of its internal layout to accommodate waiting customers; the requirements of its security and operations plans; the PM prohibition on possession, distribution, or consumption of alcohol on the premises, and the prohibition on smoking, ingesting, or consuming cannabis on the premises; its hours of operations; and, updated increased storefront window size, as conditioned, combine to suggest the proposed cannabis business would not have a detrimental effect on the surrounding area, and should serve to prevent excessive disturbances or illegal drug activity. Therefore, as conditioned, there is sufficient information to make this finding. 7 Resolution for Approval
450 Dondee Way, Suite 2 (APN 022-021-640)
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 16, 2019
(9) The cannabis operation is not likely to violate any provision of the Pacifica Municipal Code or condition imposed by a City-issued permit, or any provision of any other local or state law, regulation, or order, or any condition imposed by permits issued in compliance with those laws.
The Applicant has invested significant time and resources developing application materials suitable for City review and approval. These application materials include, but are not limited to, a security plan, operations plan, trip generation analysis, and floo plan. On this basis, the Applicant appears to be committed to operation of the proposer Cannabis business in a manner consistent with the Pacifica Municipal Code, state law, and applicable terms of any permits issued.
However, the Chief of Police for the City of Pacifica submitted a memo to Planning staff regarding his experience with the Applicant and her previous business operations (Attachment F). The Chief of Police's memorandum describes his interactions with the Applicant and the Applicant's apparent misunderstanding, if not blatant disregard, of the City's ordinances when she commenced operating an unpermitted cannabis operation after specific advisement from the Chief of Police that such operation would not be permissible until the Applicant obtained permits from the City of Pacifica.
As a result of the Police Chief's experiences with the Applicant, there is sufficient evidence to suggest that enhanced ongoing monitoring of this Applicant for an appropriate period of time may be necessary to ensure consistent compliance with all Pacifica Municipal Code requirements and conditions of approval imposed on this permit. Therefore, pursuant to PMC 9-4.4805(a), additional monitoring requirements have been included in the conditions of approval.
These enhanced monitoring conditions shall remain in effect until completion of two annual reviews of this CAP.
With these enhanced monitoring requirements in place, and in light of the terms and potential consequences of the Settlement Agreement, there is sufficient evidence to make this finding.
(10) The applicant and/or the cannabis operation is not the subject of or a party to any of the following: pending litigation filed by the City againsi the applicant or any of its principals to enforce the Pacifica Municipal Code: a pending code enforcement case against the applicant or any of its principals relating to illegal cannabis activity; or an outstanding balance owed to the City by applicant or any of its principals for any unpaid taxes, fees fines, or penalties.
The City of Pacifica filed a lawsuit against the Applicant, the subject property owner, and others with the San Mateo County Superior Court (Case No. 18-CIV-06222) in November 2018. The lawsuit concluded with the parties entering into a Settlement Agreement in June 2019. The terms of the Settlement Agreement, among other things, require the Applicant to make scheduled payments to the City. As of the writing of this report, the Applicant is in good standing with the payment schedule as confirmed by the Finance Department. Therefore, because of compliance with the terms of the Settlement Agreement, there is sufficient evidence to make this finding. Additionally, the terms of a Settlement Agreement between the City of Pacifica and the Applicant require the 8 Resolution for Approval
450 Dondee Way, Suite 2 (APN 022-021-640)
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 16, 2019
Applicant, among other things, to comply with the Pacifica Municipal Code and to operate in compliance with applicable local and state law, including but not limited to operating only when in possession of a Cannabis Public Safety License, Cannabis Activity Permit, City of Pacifica business license, as well as any required state licenses or permits. Failure to comply with the terms of the Settlement Agreement could cause the Applicant to incur further costs in addition to any other civil or criminal remedy available to the City. Based on the foregoing, this finding can be made because the Applicant and/or the cannabis operation is not the subject of or a party to any of the following:
pending litigation filed by the City against the applicant or any of its principals to entorce the Pacifica Municipal Code; a pending code enforcement case against the applicant or any of its principals relating to illegal cannabis activity; or owes an outstanding balance to the City for any unpaid taxes, fees, fines, or penalties. (11) The applicant has not made a false statement of material fact or omitted a material fact in the application for a cannabis acrivity permit, as known at the time of determination on the application.
The Police Department and Planning Department staffs, which have reviewed the submitted application materials and communicated with the Applicant, have not identified any instances wherein the Applicant has made a false statement of material fact or omitted a material fact since filing the subject application on April 20, 2018.
Therefore, there is sufficient information to support a finding that the information submitted and statements made by the Applicant associated with their application have been truthful up to and until the time of determination on the subject application. (12) The cannabis operation's site plan has incorporated features necessary to assist in reducing potential nuisance and crime-related problems. These features may include, but are not limited to, procedures for allowing entry; reduction of opportunities for on to being suite wo congregating and obstructing public ways and neighboring property; and limiting furnishings and features that encourage loitering and nuisance behavior.
The location of the proposed business does not feature fixtures or furnishings which would encourage customers to congregate in the business vicinity, such as chairs and benches. As mentioned above, the tenant space is relatively small, and would most likely not be able to physically support a large group of people to congregate indoors. Further, the project site does not include an outdoor space such as a patio which might encourage customers to congregate as most of the outside area is comprised of the walkway area.
Additionally, the proposed tenant space would include large windows which would allow the Police Department to observe business activity from the walkway to ensure public safety. Existing site landscaping in front of the storefront consists of low-growing plants and so would not obstruct views through the window or provide a hiding place for criminals. The Applicant would also install sufficient video recording equipment to monitor the premises in order to deter crime and support any Police Department investigations into isolated crimes which may occur. Therefore, there is sufficient information to make this finding.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Pacifica approves and issues Cannabis Activity Permit CAP-8-18 to establish and operate a Cannabis Retail Operation at 450 Dondee Way, Suite 2, subject to conditions of approval attached as Exhibit A.
9 Resolution for Approval
450 Dandee Way, Suite 2 (APN 022-021-640)
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 16, 2019
*
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Pacifica, California, held on the 16th day of September, 2019.
AYES, Commissioners: Berman, Campbell, Nibbelin, Bigstyck, Kraske NOES, Commissioners: Rubinstein
ABSENT, Commissioners: Clifford
ABSTAIN, Commissioners: None
Oren Rubinstein, Vice Chair
ATTEST: APPROVED AS TO FORM
Tina Wehrmeister, Planning Director Michelle Kenyon, City Altorney 10 Resolution for Approval
450 Dondee Way, Suite 2 (APN 022-021-640)
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 16, 2019
Exhibit A
Conditions of Approval: File No. 2018-029 - Cannabis Activity Permit CAP-8-18 to Establish and Operate a Cannabis Retail Operation at 450 Dandee Way, Suite 2 (APN 022-021-640) Planning Commission Meeting of September 16, 2019
Planning Division of the Planning Department
1. Development shall be substantially in accord with the plans stamped and dated revised August 10, 2019, which were received by the City of Pacifica on September 9, 2019, except as modified by the following conditions.
2. The approval or approvals is/are valid for a period of two years from the date of final determination. If the use or uses approved is/are not established within such period of time, the approval(s) shall expire unless Applicant submits a written request for an extension and applicable fee prior to the expiration date, and the Planning Director or Planning Commission approves the extension request as provided below. The Planning Director may administratively grant a single, one year extension provided, if in the Planning Director's sole discretion, the circumstances considered during the initial project approval have not materially changed. Otherwise, the Planning Commission shall consider a request for a single, one year extension.
In the event of litigation filed to overturn the City's determination on the approval(s), the Planning Director may toll expiration of the approvals) during the pendency of such litigation.
3. The Cannabis Activity Permit and Cannabis Public Safety License shall be issued to Seaweed Holistics LLC, a California limited liability company (LLC), with Ana Leaño- Williams as the single member-manager thereof. As detailed in this Resolution, because the beneficial ownership and control of the cannabis operation would remain the same (Ana Leaño-Williams), the Planning Commission determined there would not be a transfer of ownership or control under the Applicant's proposal. The transfer of the Cannabis Activity Permit and Cannabis Public Safety License shall hereafter be prohibited as described in Pacifica Municipal Code Sections 9-4.4804(e) and 4-16.03(e), respectively, as currently codified or as may be amended from time to time.
The Applicant shall at all times maintain a valid Cannabis Public Safety License and a valid licenses)/permits) from the State of California. If at any time the Cannabis Public Safety License or State of California license(s)/permit(s) issued to the Applicant for the subject facility is/are revoked, expires, or otherwise rendered inoperative for any reason, this Cannabis Activity Permit shall immediately become null and void and it shall not be possible to reinstate the Cannabis Activity Permit. A temporary suspension of the Cannabis Public Safety License or State of California license(s)/permit(s) shall render the Cannabis Activity Permit inoperative during the term of the suspension but the Cannabis Activity Permit shall not be considered null and void during the suspension.
5. The Cannabis Retail Operation shall operate consistent with all provisions of Article 48 of Chapter 4 of Title 9 applicable to Cannabis Retail Operations, as currently codified or as A-1
Resolution for Approval
450 Dondee Way, Suite 2 (APN 022-021-640)
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 16, 2019
may be amended from time to time.
6. The Applicant shall operate and maintain the Cannabis Retail Operation in a manner which does not constitute a public nuisance.
Prior to commencement of operations, Applicant shall submit for review and approval of the Police Chief a revised Security Plan which incorporates the window modifications described in these Conditions of Approval. The Applicant shall implement and operate the Cannabis Retail Operation in accordance with the approved Amended Security Plan.
8. The Cannabis Retail Operation shall be conducted entirely within the enclosed space of the business premises.
Prior to commencement of operations, the Applicant shall obtain a building permit to modify the first floor storefront to increase the horizontal and overall measurements of the glass on the first floor storefront to meet or exceed the requirements of PMC Section 4-
16.03(c)(1)(ii), to the satisfaction of the Planning Director. New windows or doors proposed on the storefront shall be architectural compatible with the remainder of the building, to the satisfaction of the Planning Director.
10. Prior to commencement of operations, the Applicant shall submit for review and approval of the Police Chief a physical barrier to secure the rear area of the first floor from the front "customer waiting" area in accordance with PMC Section 9-4-4803(d)(1)(x). The Applicant shall fully install or construct approved physical barrier, after obtaining any necessary building permits, prior to commencement of operations.
11. Prior to commencement of operations, the Applicant shall submit for review and approval of the Police Chief a physical barrier to prevent public access to the second floor. The Applicant shall fully install or construct the approved physical barrier, after obtaining any necessary building permits, prior to commencement of operations.
12. Prior to commencement of operations, the Applicant shall provide or cause to be provided and show on the plans, a trash enclosure on the business premises such that all cannabis waste is securely stored until it is removed from the premises by a vendor authorized under state law, to the satisfaction of the Planning Director.
Prior to commencement of operations, the Applicant shall i) provide the Planning Department for review and approval additional information to confirm consistency of the existing wall sign with the 450 Dondee Way Master Sign Program (MSP); or, ii) obtain property owner authorization to seek Planning Department approval of a revised MSP to accommodate the existing sign, and obtain Planning Director or Planning Commission approval of said revised MSP. Alternatively, prior to commencement of operations, Applicant shall remove all signage not compliant with Article 29 of Chapter 4 of Title 9 of the PMC from the storefront.
14. Prior to commencement of operations, the Applicant shall submit for Planning Director review and approval the required incidental signage to be posted at the entrance indicating that the premises are under camera/video surveillance and indicating age restrictions for entrance pursuant to MC Section 4.16-03(c)(i)(ab) and PMC Section 9-4.4803(d).
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Resolution for Approval
450 Dondee Way, Suite 2 (APN 022-021-640)
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 16, 2019
15. Prior to commencement of operations, the Applicant shall provide evidence that it has retained the services of a cannabis waste management service and an inventory control service in accordance with state law, to the satisfaction of the Planning Director.
16. The Applicant shall indemnify, defend and hold harmless the City, its Council, Planning Commission, advisory boards, officers, employees, consultants and agents (hereinafter "City") from any claim, action or proceeding (hereinafter "Proceeding") brought against the City to attack, set aside, void or annul the City's actions regarding any development or land use permit, application, license, denial, approval or authorization, including, but not limited to, variances, use permits, developments plans, specific plans, general plan amendments, zoning amendments, approvals and certifications pursuant to the California Environmental Quality Act, and/or any mitigation monitoring program, or brought against the City due to actions or omissions in any way connected to the Applicant's Project ("Challenge"). City may, but is not obligated to, defend such Challenge as City, in its sole discretion, determines appropriate, all at Applicant's sole cost and expense. This indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and costs of suit, attorney's fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the Applicant, City, and/or parties initiating or bringing such Proceeding. If the Applicant is required to defend the City as set forth above, the City shall retain the right to select the counsel who shall defend the City.
Per Government Code Section 66474.9, the City shall promptly notify Applicant of any Proceeding and shall cooperate fully in the defense.
17. All cannabis-related products shall be stored in air-tight containers which are completely sealed in order to minimize unpleasant odors.
18. All outstanding and applicable fees associated with the processing of this project shall be paid within 30 days of the approval of Cannabis Use Permit CAP-8-18. The Cannabis Retail Operation shall not commence operations until such fees are paid
19. Notwithstanding the authority granted to Planning Department staff to conduct annual reviews of cannabis operations in Section 9-4.4806(e) of the PMC, the Planning Commission shall conduct two annual reviews of the subject Cannabis Retail Operation at a public hearing. The first annual review shall occur not less than one year but not more than two years after issuance of the Cannabis Public Safety License to the Applicant. The second annual review shall occur not less than one year after the first annual review.
Police Department
20. To achieve enhanced monitoring of this Cannabis Retail Operation, the Applicant shall, until completion of the second annual review described in these Conditions of Approval, comply with the following requirements:
i) The Applicant shall permit inspection of its cannabis operation by City officials during normal operating hours without advanced notice;
il) The Applicant shall submit quarterly compliance reports to the Chief of Police not later than the due date of quarterly Cannabis Operations Tax filings required by Chapter 18 of Title 3 of the PMC. The compliance reports shall outline how the operation is complying with all applicable laws and conditions of approval A-3
Resolution for Approval
450 Dondee Way, Suite 2 (APN 022-021-640)
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 16, 2019
governing operation of the Cannabis Retail Operation; and 11) The Applicant shall provide a live stream of the Applicant's video surveillanc ystem which is accessible to the Chief of Police via remote access 24 hours pe day without notice to the Applicant.
Building Division of the Planning Department
21. Applicant shall obtain approval of a building permit by the Building Official prior to commencing any construction activity.
North County Fire Authority
22. Existing sprinkler/fire alarm system shall be altered/extended as required by the interior modifications described in these Conditions of Approval. Install per NFPA 13. Submit under separate fire permit if any partitions are added which affect proper fire sprinkler spacing as determined by the Fire Chief.
Engineering Division of the Public Works Department
23. Construction shall be in conformance with the City of Pacifica Storm Water Management and Discharge Control Ordinance and the San Mateo Countywide Storm Water Pollution Prevention Program. Best Management Practices shall be implemented, and the construction BMPs plans sheet from the Countywide program shall be included in the project plans.
24. The following requirements must be clearly noted on the construction plans for the project:
Dondee Way shall be maintained clear of construction materials, equipment, storage, debris, and soil. Dust control and daily road cleanup will be strictly enforced. A properly signed no-parking zone may be established during normal working hours only.
b. All recorded survey points, monuments, railroad spikes, pins, cross cuts on top of sidewalks and tags on top of culvert headwalls or end walls whether within private property or public right-of-way shall be protected and preserved. If survey point/s are altered, removed or destroyed, the applicant shall be responsible for obtaining the services of a licensed surveyor or qualified Civil Engineer to restore or replace the survey points and record the required map prior to occupancy of the first unit. c. Existing public improvements within the property frontage that are damaged or displaced shall be repaired or replaced as determined by the City Engineer even if damage or displacement occurred prior to any work performed for this project. Any damage to improvements within city right-of-way or to any private property, whether adjacent to subject property or not, that is determined by the City Engineer to have resulted from construction activities related to this project, shall be repaired or replaced as directed by the City Engineer.
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Resolution for Approval
450 Dondee Way, Suite 2 (APN 022-021-640)
File No. 2018-029- Cannabis Activity Permit, CAP-8-18 (Cannabis Retail Operation) September 16, 2019
Condition Added by Planning Commission at September 16, 2019 Public Hearing
25. The hours of operation of the business, which includes those hours in which the site may be open to the public for retail sales shall be as follows: 10:00 a.m. through 8 p.m. daily.
Staff of the Cannabis Retail Operation may occupy the subject site outside of those hours to perform administrative and maintenance functions customary for retail businesses, such as inventory management, cleaning, bookkeeping: etc. *** END OF CONDITIONS ***
A-5
SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT (the "Agreement") is made and entered into effective this 28th day of May, 2019, by and among Ana C. Leaño-Williams and Anthony Williams who are alleged to be doing business as Seaweed Holistics, and Elevated Minds, Inc. a California corporation (collectively, "Seaweed"), Hanni and Ronald Grindrod, as real parties in interest for the Ronald and Hanni Grindrod Family Trust (collectively "Premises Owners") and the City of Pacifica, a municipal corporation, on its own behalf and in the name of the People of the State of California pursuant to Code of Civil Procedure section 731 ("City"), and is made with reference to the following facts:
1. RECITALS
A. Ana C. Leaño-Williams and Anthony Williams are alleged to own and operate a business in the City of Pacifica called Seaweed Holistics and are also officers of a corporation called Elevated Minds, Inc. Seaweed Holistics operates on a property located at 450 Dondee St., Suite 2, Pacifica, California, 94044, also known as Assessor's Parcel Number 022-021-640 (the "Premises"). The Premises is owned by Ronald and Hanni Grindrod, who lease it to Seaweed.
Ana C. Leaño-Williams and Anthony Williams are also corporate officers of Elevated Minds, Inc., which also operated on the Premises along with Seaweed Holistics.
B. The City has filed a Lawsuit (San Mateo County Superior Court Case No. 18- CIV-06222) against Seaweed and the Premises Owners regarding Seaweed's operation of a Marijuana Operation ("Marijuana Operation'"), as defined by Pacifica Municipal Code section 4-16.02(b) on the Premises. The lawsuit is entitled People of The State of California, and City of Pacifica v. Ana C. Leaño-Williams; Anthony Williams; Elevated Minds, Inc.; Real Party in Interest Ronald Grindrod, Trustee of the Ronald and Hanni Grindrod Family Trust; Real Party in Interest Hanni Grindrod, Trustee of the Ronald and Hanni Grindrod Family Trust, and DOES I through 50, inclusive (the "Action"). In the Action, the City alleges that Seaweed operated an unlawful Marijuana Operation on the Premises without proper permits or licenses. Seaweed has contested the City's allegations contained in the Complaint.
C. After the City filed its Complaint, it noticed its intent to seek a temporary restraining order. To prevent the need to litigate the City's request for a temporary restraining order, the City and Seaweed entered into a stipulation on November 21, 2018. A copy of this Stipulation is attached as Exhibit A
D. The City, Seaweed, and Premises Owners (collectively "Parties") all wish to avoid the burden and expense of litigating and have agreed to compromise and fully and finally settle their differences in accordance with this Agreement.
AGREEMENT
NOW, THEREFORE, based on and in consideration of the mutual promises and agreements contained herein and the recitals set forth above and incorporated in this Agreement, ' Marijuana Operation is defined in Municipal Code section 4-16.02(h) as "any commercial cannabis activity or commercial marijuana activity...." - 1 -
and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
Seaweed's Obligations:
Seaweed agrees to the following:
Code Compliance. Seaweed agrees to comply with the Pacifica Municipal Code and to operate in compliance with applicable local and state law. Seaweed agrees that it will not conduct any Marijuana Operations in the City of Pacifica without first obtaining a Marijuana Public Safety License''!, Marijuana Use Permit?!, and a business license from the City of Pacitica for the sale of marijuana and cannabis products, as well as any required state license(s) or permits.
2. Payment. Seaweed will pay the City $42,000 as compensation for the expenses the City has incurred to date in this enforcement action.
Payment of the sum of $10,000 shall be made to the City within 20 days of the City Council's final approval of this Agreement, which approval is estimated to be made on or about May 28, 2019. The City will promptly notify Seaweed in writing of the City Council's approval. The balance of $32,000 shall be paid in 24 equal monthly installments commencing 45 days after the City Council's final approval of this Agreement. Should Seaweed fail to pay any installment in a timely manner, the City may after providing 20 days' notice and an opportunity to cure, enforce the payment of $32,000, less any payments already made, in one lump sum under CCP § 664.6 by way of motion and/or hearing.
3. Enforcement. Should Seaweed conduct any Marijuana Operations without a Marijuana Public Satety License, Marijuana Use Permit, and a business license from the City of Pacifica for the sale of marijuana and annabis products, the City may enforce the payment of $32,000, less any payments already made, in one lump sum under CCP § 664.6 by way o1 motion and/or hearing without providing 20 days' notice and an opportunity to cure. The City may seek such relief by making an ex parte appearance after complying with the notice requirements in California Rule of Court Rule 3.1203.
Jurisdiction. Seaweed agrees that the Court should retain jurisdiction after settlement under CCP § 664.6 and will stipulate to an application to the Court to retain jurisdiction after settlement.
[1) As used throughout this Agreement, "Marijuana Public Safety License" refers to the license discussed at PMC section 4-16.01 et seq. and any successor sections or license titles as amended by As used throughout this Agreement, "Marijuana Use Permit" refers to the permit discussed at PMC section 9-4.4804 et seq. and any successor sections or permit titles as amended by the City. - 2-
B. Premises Owners' Obligations:
1. Code Compliance. Premises Owners agree that they will not allow, permit, acquiesce to, or authorize any tenant to operate a Marijuana Operation on any property they own or control (individually, together, or in any other way) within the City of Pacifica unless they have first confirmed that the tenant has obtained a business license associated with the sale of marijuana products, a Marijuana Use Permit, and a Marijuana Public Safety License from the City of Pacifica, any required state license(s), and is otherwise operating in compliance with applicable local and state law. In addition, Premises Owners agree to maintain the Premises in compliance with applicable local and state law. Property Owners shall not be liable for attorneys' fees or costs in connection with this matter.
C. City's Obligations:
The City agrees to the following:
1. Dismissal. Upon payment of $10,000 by Seaweed to City pursuant to Section 2.A.2, City shall promptly file a notice of settlement, submit a proposed order requesting that the court retain jurisdiction to enforce the settlement after the case is dismissed and, once an order retaining court jurisdiction is entered, dismiss the Complaint as to all parties, without prejudice. A copy of the Request for Dismissal, without prejudice, is attached hereto as Exhibit B. Said dismissal will not operate to prevent he City from seeking enforcement of this Agreement, including paymen of any and all unpaid portion of unpaid expenses incurred by the City, as referenced in Section 2.A.2, above.
2. Seaweed Application. If Seaweed's application for a Marijuana Use Permit or Marijuana Public Safety License is submitted for consideration to the Planning Commission and, if appealed, to City Council, City staff Will process Seaweed's application in a fair and equitable manner consistent with its ordinary course of processing Marijuana Use Permits and Marijuana Public Safety Licenses. Seaweed recognizes and agrees that the City retains full discretion and makes no guarantees or representations regarding the exercise of its police power in the processing, consideration or action with regard to any Marijuana Use Permit application or Marijuana Public Safety License. The City agrees that Seaweed's permit application cannot be denied on the grounds that Seaweed: (1) is involved in a pending litigation or code enforcement case filed by the City; (2) has been cited, fined, penalized or enjoined; or (3) owes an outstanding balance to the City, where the basis for such a finding is the existence of this lawsuit, the November 21, 2018 stipulation, or the terms of this Agreement.
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D. Fees to Enforce Agreement:
In any action to enforce any term or condition of this Agreement, the prevailing party shall be entitled to its reasonable costs for collection and attorneys' fees.
E. Mutual Release of All Claims:
Except as to obligations created by this Agreement, the Parties hereby release and discharge each other and each other's respective employees, officers, directors, shareholders, partners, agents or representatives from any and all manner of actions, suits, claims, causes of action, liabilities, attorney's fees, costs, and expenses, of any nature whatsoever, fixed or contingent, which they now possess against the other arising in law or in equity, whether arising in tort, contract or quasi-contract, which have arisen based upon, as a result of, or are in any way related to the Action. The Parties acknowledge that they are familiar with the provisions of California Civil Code section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
3. CITY MAY ENFORCE MUNICIPAL CODE
The Parties agree that this Agreement, including the release in section 2.E., does not restrict the City's ability to enforce its municipal code by bringing future legal action related to conduct of any party after the effective date of this Agreement. Rather, it is a release of all existing claims the City has against Seaweed and the Premises Owners.
4. GENERAL PROVISIONS
A. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.
Signatures transmitted by facsimile shall be valid and binding and considered original signatures for all purposes.
B. Further Assurances. In addition to the documents and instruments to be delivered as herein provided, each of the parties hereto shall, from time to time at the request of the other party, execute and deliver to the other party such other instruments and shall take such other action as may be reasonably required to more effectively carry out the terms of this Agreement.
C. Governing Law. This Agreement has been negotiated and entered into in the State of California, and shall be governed by, and construed and enforced in accordance with, the internal laws of the State of California, applied to contracts made in California by California domiciliaries to be wholly performed in California. Any action to enforce any term or condition - 4 -
of this Agreement shall be brought in the Superior Court of California, San Mateo County, which shall hear or determine any such dispute.
D. Benefit and Burden. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, representatives, successors, and permissible assigns.
E. Waiver and Amendment. No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one breach of any provision hereof shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. This Agreement may be amended only by a written agreement executed by all of the parties in interest at the time of the modification.
F. Captions and Interpretations. Paragraph titles or captions contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or describe the scope of this Agreement or any provision hereof. This Agreement shall be deemed to have been drafted by legal counsel for all of the parties to this Agreement. No provision in this Agreement is to be interpreted for or against any party because that party or his legal representative drafted such provision.
G. Singular and Plural. Whenever the singular number is used herein and when required by the context, the same shall include the plural.
H. Integration. This Agreement sets forth the entire agreement between the parties with regard to the specific subject matter hereof. All agreements, covenants, representations and warranties, express and implied, oral and written, of the parties with regard to the specific subject matter hereof are contained in this Agreement. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to any other party with respect to the specific subject matter of this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties with respect to the subject matter hereof are waived, merged herein and superseded by this Agreement. This is a fully integrated agreement.
I. Voluntary Agreement. The parties hereto, and each of them, further represent and declare that they have carefully read this Agreement, know and understand the contents of this Agreement, and that each and every party hereto signs this Agreement freely, voluntarily, without fraud, duress, or undue influence and with a complete and full understanding of its terms.
J. Public Information. This Agreement is a public record under the California Public Records Act (Gov. Code § 6250 et. seq.). The City thus reserves the right to provide this Agreement to members of the public. Any financial information provided as a part of the settlement negotiations shall be held confidential.
K. Legal Advice. The Parties have received or have had the opportunity to receive independent legal advice with respect to the advisability of entering into this Agreement. - 5-
L. No Modification. This Agreement can be amended, modified or terminated only by a writing executed by each of the parties and no future representations, promises or conditions not set forth herein in connection with the subject matter of this Agreement shall be binding upon any party to this Agreement unless made in writing and signed by each party.
M. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portion of the Agreement shall continue to be valid and will be performed, construed, and fully enforced to the fullest extent permitted by law, and the invalid or unenforceable term shall be deemed amended and limited in accordance with the intention of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.
N. Notice. Where notice is required to be given under the terms of this Agreement, or communication is otherwise necessary to effectuate the terms of this Agreement, such notice or communication shall be given in writing, by fax and/or U.S. Mail, as set forth below. All notices so sent shall be deemed to have been delivered, effective, made or communicated, as the case may be, (i) at the time that the notice and the required copies, if any, shall have been personally delivered, or faxed, (ii) three days after the notice and required copies, if any, have been deposited, properly addressed as provided above, first class postage in the United States mail, (iii) the day following the date the notice and required copies, if any, have been delivered to an express carrier (such as Federal Express) or sent by Express Next Day Delivery through the United States mail; or (iv) the day following the date the notice and required copies, if any, have been delivered by facsimile as confirmed by sender's receipt of a facsimile transmission confirmation.
City of Pacifica:
Kevin Woodhouse
City Manager, City of Pacifica
170 Santa Maria Ave
Pacifica, CA 94044
With copies to:
Michelle Marchetta Kenyon, Esq.
Burke, Williams & Sorensen, LLP
1901 Harrison Street, Suite 900
Oakland, CA 94612
Tel: (510) 273-8780
Fax: (510) 839-9104
- 6-
Seaweed:
Ana C. Leaño-Williams
450 Dondee St #2,
Pacifica, CA 94044
Tel: (650) 735-5503
With copies to:
Stephen Tigerman, Esq.
Harowitz & Tigerman, LLP
80 Eureka Square, Suite 212
Pacifica, CA 94044
Tel: (415) 788-1588
Fax: (415) 788-1598
Premises Owners:
Hanni and Ronald Grindrod
885 Calera Terrace,
Pacifica, CA 94044-3205
Tel: (650) 735-5539
With copies to:
Stephen Tigerman, Esq.
Harowitz & Tigerman, LLP
80 Eureka Square, Suite 212
Pacifica, CA 94044
(415) 788-1588
(415) 788-1598
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first written above.
The City of Pacifica, a municipal corporation, on its own behalf and in the name of the People of the State of California, pursuant to Code of Civil Procedure section 731:
By:
Kevin- Woodhouse, Pacifica City Manager
Seaweed:
By:
Ana C. Leano Wilhams, in her individual capacity, and as Chief Executive Officer of Elevated Minds, Inc.
By:
Anthony Williams
- 7-
Premises Owners:
By:
Ronald Grindroa
By:
Hanni Grindrod
ATTEST:
By:
Sarah Coffey, Pacifica Oity Clerk
APPROVED AS TO FORM:
By:
- Michelle Marchetta Kenyon, City Attorney
City Attorney, City of Pacifica
- 8
EXHIBIT A
Michelle Marchetta Kenyon (SBN 127969) FILING FEE EXEMPT PURSUANT TO GOVERNMENT CODE$ 6103
-mail: [email protected]
BURKE, WILLIAMS & SORENSEN, LLI
2 1901 Harrison Street, Suite 900
•
3 Oakland, CA 94612-3501
Tel: 510.273.8780 Fax: 510.839.9104
4 Attorneys for Plaintiffs
5 People of the State of California, and City of
Pacifica
6 7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 9 COUNTY OF SAN MATEO
10 11 PEOPLE OF THE STATE OF Case No. 18-CIV-06222
CALIFORNIA, AND CITY OF STIPULATION TO CEASE
12 PACIFICA,
OPERATIONS AND STOP
13 Plaintiffs, UNAUTHORIZED COMMERCIAL
MARIJUANA AND CANNABIS
14 V. ACTIVITY IN PACIFICA
15 ANA C. LEAÑO-WILLIAMS; ANTHONY Date:
Time:
WILLIAMS; ELEVATED MINDS, INC;
REAL PARTY IN INTEREST RONALD Dept.
ludge
GRINDROD, TRUSTEE OF THE
17 RONALD AND HANNI GRINDROD Action Filed: November 16, 2018 ' 18 FAMILY TRUST; REAL PARTY IN
INTEREST HANNI GRINDROD, Trial Date: None
19 TRUSTEE OF THE RONALD AND
HANNI GRINDROD FAMILY TRUST;
20 and
DOES 1 through 50, inclusive,
22 Defendants.
23 24 Whereas, the City of Pacifica ("City") filed a complaint in this action on November 16, 25 2018, alleging that Defendants Ana C. Leaño-Williams, Anthony Williams, and Elevated Minds, 26 Inc. (collectively the "Operation") were operating a "Marijuana Operation" (as that term is 27 defined in Pacifica's municipal code) at 450 Dondee St., Suite 2, Pacifica, California, 94044, also 28 - 1-
BUNKE, WILLIAMS S STIPULATION AND ORDER TO CEASE OPERATIONS, VACATE THE PROPERTY, AND STOP
SORENSEN, LLI
ATRDAKLANTEANY UNAUTHORIZED COMMERCIAL MARIJUANA AND CANNABIS ACTIVITY IN PACIFICA OAK#4813-5633-0880 v2
known as San Matco County Assessor's Parcel Number 022-021-640 (the "Property") without a 1 Marijuana Public Safety License, Marijuana Use Permit, or appropriate Business License in 2 violation of Pacifica's Municipal Code (the City and the Operation may hereinafter be referred to 3 collectively as the "Parties");
4 Whereas, the Property is currently occupied by the Operation and its employees, agents 5 and persons acting with it;
6 Whereas, the City provided notice to the Operation that it intended to seek a temporary restraining order to stop the Operation from conducting commercial cannabis activity at the 8 Property because of the urgent need to enforce Pacifica's Municipal Code; Whereas, the Parties now seck to reach a stipulation in this case that would avoid 10 litigation over the City's application for a temporary restraining order while ensuring that the 11 Operation promptly comes into compliance with Pacifica's Municipal Code; 12 Now, therefore the Parties do hereby stipulate as follows:
1. The Operation and all its employees, agents and persons acting with them, or on its behalf, 14 shall cease any and all commercial cannabis activity at the Property, or at any other 15 location in the City and shall cease dispensing, selling, trading distributing, or otherwise 16 providing cannabis, or any cannabis products on and/or from the Property, or at any 17 location in the City by Sunday, November 25, 2018 at 5:00 p.m.. To avoid any ambiguity, 18 the Operation and all its employees, agents and persons acting with them, or on its behalf 19 also agree that it shall not dispense, sell, trade, distribute, or otherwise provide marijuana, 20 or any marijuana products on and/or from the Property after Sunday, November 25, 2018 21 at 5:00 p.m.
22 2. The Operation, and its employees, agents and persons acting with it or on its behalf will 23 remove all marijuana and cannabis and all marijuana and cannabis products from the 24 Property by Monday, November 26, 2018 at 9:00 a.m.
25 3. The Operation, and its employees, agents and persons acting with it, or on its behalf, will 26 not conduct any Marijuana Operations in the City of Pacifica without first obtaining a 27 28
STIPULATION AND ORDER TO CEASE OPERATIONS AND STOP UNAUTHORIZED COMMERCIAL
ATODALNAAELAN MARIUANA AND CANNABIS ACTIVITY IN PACIFICA OAK#4813-5633-0880v2
Marijuana Public Safety License, Marijuana Use Permit, and an appropriate business 1 license from the City of Pacifica.
2 The Parties agree that, commencing on November 26, 2018 at 10:00 a.m., the City and its 3 personnel, including the Police Department, the Code Enforcement Division, and other 4 applicable government agencies and departments, have the right to inspect the Property to 5 ensure compliance with this agreement without prior warning or first obtaining an 6 inspection warrant.
7 5. Except as otherwise set forth in this Stipulation, the Parties agree that all other matters 8 pertaining to the Property, including, without limitation, the alleged Code Violations and the City's demand for compensation for outstanding taxes, and its attorney's fees and 10 costs, shall be resolved first through mediation by the Parties, and if mediation is 11 unsuccessful, then continued litigation between the Parties. The Parties agree that they 12 shall not object to the Property Owners' (Ronald and Hanni Grindrod, as trustees) 13 participation in the mediation, if the Property Owners so desire. 14 6. The Parties are entering into this stipulation in lieu of the City proceeding immediately 15 with its application for a temporary restraining order. By entering into this stipulation, the 16 City does not waive any of its rights or remedies in the ongoing litigation, including its 17 right to recover attorney's fecs as permitted by law. 18 7. The Parties agree that this stipulation is not a settlement of the City's claims. 19 8. If the City determines, in its sole discretion, that the Operation is not abiding by the terms 20 of this stipulation, the City may immediately pursue a temporary restraining order 21 ("TRO"') after 5:00 p.m., November 26, 2018, upon notice as stated in California Rule of 22 Court 3.1203 ("'a party seeking an ex parte order must notify all Parties no later than 10:00 23 a.m. the court day before the ex parte appearance, absent a showing of exceptional 24 circumstances that justify a shorter time for notice."). Notwithstanding the above, the 25 City reserves its rights to appropriately respond to any new facts that develop before 26 November 26, 2018 at 5 p.m.
27 9. This Stipulation shall not be filed with the Court if the Operation timely and fully 28 BURKE, WILLIAMS & STIPULATION AND ORDER TO CEASE OPERATIONS AND STOP UNAUTHORIZED COMMERCIAL
FORENSEN, LE MARIJUANA AND CANNABIS ACTIVITY IN PACIFICA
ATTORNEYS AT LAW
CARLAND
OAK #4813-5633-0880 v2
complies with the requirements and conditions set forth above in Paragraphs 1 through 4. 1 If the Operation, or any of its employees, agents and persons acting with it, or on its 2 behalf, should fail to fully or tirely comply with the requirements and conditions set forth in this Stipulation, the City shall be entitled to a TRO enforcing Paragraphs 1 4 through 4 of this Stipulation and authorizing the City and its personnel, including but not 5 limited to the Pacifica Police Department, and Code Enforcement Division, to enforce Paragraphs 1 through 4 through the following means: use of reasonable force, including 7 forcible entry, disposing of personal property found inside without compensation, notice, 8 or hearing, and locking up the Property. The City may apply for this TRO by ex parte 9 application and its application need only be supported by a declaration stating that the 10 Opcration has breached the terms or conditions as required by this Stipulation. The = Parties agree that if violations of this Stipulation are supported by a declaration, that 12 constitutes grounds for issuance of a TRO.
13 10. The Operation agrees that, to the fullest extent permitted by law, it shall indemnify and 14 hold harmless the City from and against any claims, damages, losses and expenses, 15 including but not limited to attorney's fees, arising out of any enforcement actions taken 16 by the City as contemplated in Paragraph 9, regardless of whether or not such claim, 17 damage, loss or expense is caused in part by a party indemnified hereunder. 18 11. For purposes of the Agreement, "cannabis" shall have the meaning in section 26001(D) of 19 the California Business and Professions Code.
20 21
IT IS SO STYPULATED AND AGREED
22 23 Dated: November 21, 2018 BURKE, WILLIAMS & SORENSEN, LLP 24 By:_
25 Michelle Marchetta Kenyon
Mamels or Plaintif City of Pacifica
26 27
28 SE SEN, 1.5 STIPULATION AND ORDER TO CEASE OPERATIONS AND STOP UNAUTHORIZED COMMERCIAL
ATTORICYS AT LAW MARIJUANA AND CANNABIS ACTIVITY IN PACIFICA OAK #4813-5633-0880 v2
Dated: November 21, 2018 By:_
1 Detendant Ana C. Leaño-Williams
Individually, as CEO of Elevated Minds, Inc.
2 and as the owner of Seaweed Holistics
3 4
5 Dated: November 21, 2018
By:_
Traci Belmore
6 Attorney for Defendants Leaño-Williams and
Williams
7 8
9 Dated: November 21, 2018 By:
10 Anthony Williams
Defendant
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
BURKE, WILLIAMS & STIPULATION AND ORDER TO CEASE OPERATIONS AND STOP UNAUTHORIZED COMMERCIAL
SORENSEN, LIP
ATTORNEYO ATLAS MARIUANA AND CANNABIS ACTIVITY IN PACIFICA ОЛК #4813-5633-0880 v2
Dated: November 21, 2018 By: Defendant Ana C. Leaño-Williams 1 Individually, as CEO of Elevated Minds, Inc.
2 and as the owner of Seaweed Holistics •
3 4
Dated: November 21, 2018 By:
Traci Belmore
6 Attomey for Defendants Leaño-Williams and
Williams
8 Dated: November 21, 2018 By
Anthony Williams
10 Defendant
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 5-
BURKE, WILLIAMS A STIPULATION AND ORDER TO CEASE OPERATIONS AND STOP UNAUTHORIZED COMMERCIAL
SORENSEN, LLY
ATTORNEYS AT LAI MARIJUANA AND CANNABIS ACTIVITY IN PACIFICA
OAKLAND
OAK#4813-5633-0880 v2.
EXHIBIT B
CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Michelle Marchetta Kenyon (SBN 127696) Maxwell A. Blum (SBN 299336) FOR COURT USE ONLY Burke Williams & Sorensen
1901 Harrison Street, Suite 900
Oakland, CA 94612
TELEPHONE NO: 510-273-8780 FAX NO. (Optional): 510-839-9104 E-MAIL ADDRESS (Optional): [email protected]; [email protected] ATTORNEY FOR (Name): People of the State of California; City of Pacifica SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
STREET ADDRESS: 400 County Center
MAILING ADDRESS: 400 County Center
CITY AND ZIP CODE: Redwood City 94063
BRANCH NAME: Hall of Justice / Southern Branch
PLAINTIFF/PETITIONER: People of the State of California and City of Pacifica DEFENDANT/RESPONDENT: Ana C. Leaño-Williams, et al.
REQUEST FOR DISMISSAL CASE NUMBER: 18CIV06222
A conformed copy will not be returned by the clerk unless a method of return is provided with the document.
This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action. (Cal. Rules of Court, rules 3.760 and 3.770.)
1. TO THE CLERK: Please dismiss this action as follows:
a. (1) L With prejudice (2) X Without prejudice
b. (1) X Complaint (2) • Petition
(3) • Cross-complaint filed by (name): on (date):
(4) • Cross-complaint filed by (name): on (date):
(5) X Entire action of all parties and all causes of action (6) L Other (specify):*
2. (Complete in all cases except family law cases.)
The court • did X did not waive court fees and costs for a party in this case. (This information may be obtained from the clerk. If court fees and costs were waived, the declaration on the back of this form must be completed).
Date:
•
(TYPE OR PRINT NAME OF ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE) *If dismissal requested is of specified parties only of specified causes of action Attorney or party without attorney for:
only, or of specified cross-complaints only, so state and identify the parties, • Plaintiff/Petitioner • Defendant/Respondent causes of action, or cross-complaints to be dismissed.
• Cross-Complainant
TO THE CLERK: Consent to the above dismissal is hereby given.** Date:
•
(TYPE OR PRINT NAME OF L ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE) ** If a cross-complaint - or Response (Family Law) seeking affirmative Attorney or party without attorney for:
relief - is on file, the attorney for cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581 (i) • Plaintiff/Petitioner • Defendant/Respondent or (). • Cross-Complainant
(To be completed by clerk)
4. • Dismissal entered as requested on (date):
• Dismissal entered on (date): as to only (name):
6. • Dismissal not entered as requested for the following reasons (specify):
7. a. ] Attorney or party without attorney notified on (date):
Attorney or party without attorney not notified. Filing party failed to provide • a copy to be conformed • means to return conformed copy Clerk, by _ Deputy
OAK #4827-6679-3367 v1
Form Adopted for Mandatory Use
Judicial Councii of California REQUEST FOR DISMISSAL
CIV-110 (Rev. Jan. 1, 2013
CIV-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
Declaration Concerning Waived Court Fees
1. The court waived court fees and costs in this action for (name):
2. The person named in item 1 is (check one below):
not recovering anything of value by this action.
recovering less than $10,000 in value by this action.
recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)
3. All court fees and court costs that were waived in this action have been paid to the court (check one): • Yes • No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
•
(TYPE OR PRINT NAME OF • ATTORNEY PARTY MAKING DECLARATION) (SIGNATURE) CIV-110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of 2 OAK #4827-6679-3367 v1
American LegalNet, Inc
Approved-Seaweed Holistics-Agreement re
Deferral of Specified Conditionst_CMSigned
Final Audit Report 2020-09-25
Created: 2020-09-25
By: Elizabeth Brooks ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAQaMLXF0gzPug68ARRdfS1n5TCaqsFxkd "Approved-Seaweed Holistics-Agreement re Deferral of Specifie d Conditionst_CMSigned" History
• Document created by Elizabeth Brooks ([email protected]) 2020-09-25 - 5:52:26 PM GMT- IP address: 68.65.68.29
E, Document emailed to Sarah Coffey ([email protected]) for signature 2020-09-25 - 5:53:39 PM GMT
• Email viewed by Sarah Coffey ([email protected]) 2020-09-25 - 5:53:55 PM GMT- IP address: 50.209.129.249 do Document e-signed by Sarah Coffey ([email protected]) Signature Date: 2020-09-25 - 5:55:02 PM GMT - Time Source: server- IP address: 68.65.68.29 • Agreement completed.
2020-09-25 - 5:55:02 PM GMT
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