RESOLUTION NO. XX-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA DENYING THE
APPEAL SUBMITTED BY ANA LEANO-WILLIAMS (APPELLANT) AND UPHOLDING THE CITY’S NOTICE OF EXPIRATION OF CANNABIS PUBLIC SAFETY LICENSE/
TERMINATION OF CANNABIS ACTIVITY PERMIT AND CESSATION OF OPERATIONS DATED MARCH 19, 2025, ISSUED TO SEAWEED HOLISTICS, LLC, LOCATED AT 450 DONDEE STREET, UNIT #2, PACIFICA, CA 944044 (APN 022-021-640) __________________________________________________________________ WHEREAS, the Planning Commission of the City of Pacifica adopted Resolution No. 2019-031 to approve Cannabis Activity Permit CAP-8-18 (File No. 2018-029) to Seaweed Holistics, LLC ("Permittee") for a cannabis retail operation at 450 Dondee Way, Suite 2 (APN 022- 021-640) subject to conditions of approval, at a duly noticed public hearing on September 16, 2019; and
WHEREAS, the Planning Commission of the City of Pacifica adopted Resolution No. 2021-001 on February 16, 2021, to amend Conditions of Approval No. 9 and 18 of Resolution 2019-031 to revise the timing of the implementation of the conditions to after commencement of operations of the cannabis retail operation (File No. 2020-020); and WHEREAS, Condition No. 19 of Exhibit A of Resolution No. 2019-031 of the Planning Commission of the City of Pacifica requires the Planning Commission to perform two annual reviews of the cannabis retail operation authorized by Cannabis Activity Permit CAP-8-18, where the first annual review shall occur not less than one year but not more than two years from the issuance of the Cannabis Public Safety License (“CPSL”); and WHEREAS, the Chief of Police issued a CPSL for the subject cannabis retail operation on October 16, 2019; and
WHEREAS, the Permittee commenced cannabis retail operations in September 2020 and therefore staff delayed the first annual review to occur not later than more than two years from the implementation of the CPSL; and
WHEREAS, the Planning Commission of the City of Pacifica did hold a duly noticed public hearing on August 15, 2022, to conduct an annual review of Cannabis Activity Permit CAP-8-18 and adopted Resolution No. 2022-016 finding that the operation of the subject cannabis retail operation is being conducted in a manner that is not in compliance with Article 48 of Title 9, Chapter 4 of the Pacifica Municipal Code (PMC) and the requirements of Planning Commission Resolution Nos. 2019-031 and 2021-001 and therefore, constitutes a public nuisance in accordance with PMC sec. 9-4.4806 and PMC sec. 9-4.4807; and WHEREAS, the Planning Commission of the City of Pacifica adopted Resolution No. 2022-021 to revoke Cannabis Activity Permit CAP-8-18 (File No. 2018-029) to Seaweed Holistics, LLC by a vote of 3 to 2 (with 2 absences); and
WHEREAS, on October 10, 2022, the City Clerk received a written request from a Councilmember to call up the Planning Commission's action on the subject item for City Council review pursuant to PMC sec. 2-1.105; and File Nos. 2018-029 and 2020-020: Revocation of Cannabis Activity Permit CAP-8-18 (Seaweed Holistics Cannabis Retail Operation) 450 Dondee Way, Suite 2 (APN 022-021-640); and
WHEREAS, On October 13, 2022, Ana Leaño-Williams of Seaweed Holistics (hereafter "Appellant" ) timely submitted a City of Pacifica Appeal Form, and applicable fee to the City Clerk's office to appeal the Planning Commission's revocation of the CAP ("Appeal"); and WHEREAS, on November 14, 2022, the City Council held a duly noticed public hearing to consider the call-up and appeal wherein it considered all written, oral and other evidence submitted.
WHEREAS, on November 14, 2022, the City Council adopted Resolution 79-2022, denying the appeal and upholding the Planning Commission’s revocation of CAP-8-018 and found that the subject cannabis business was being conducted in a manner that constituted a public nuisance and also found that the operation was being conducted not in compliance with Article 48 OF Title 9, Chapter 4 of the PMC; and
WHEREAS, on November 14, 2022, the City Council revoked Cannabis Activity Permit CAP-8-18, which was to take effect 14 months after November 15, 2022 ("Revocation Date") unless six certain conditions ("Revocation Conditions") were satisfied before the Revocation Date; and
WHEREAS, the Appellant satisfied all of the six conditions as required and approved by the City Council and continued to operate the retail commercial cannabis business; and WHEREAS, during its operations beginning in September 2020, the Appellant maintained its Cannabis Public Safety License (“CPSL”) by applying for and paying the requisite licensing fees; and
WHEREAS, City data from the Finance Department shows that the most recent CPSL fee was paid in October 2023 for the year "2023-2024" in the amount of $24,732.00; and WHEREAS, an amount for the current license fee of $25,375.00 was due on or before October 16, 2024 for the period of October 16, 2024 - October 15, 2025; and WHEREAS, pursuant to Pacifica Municipal Code (“PMC”) section 4-16.06 (d), cannabis operators must renew the license and pay the annual renewal fee at least thirty (30) days prior the expiration of the CPSL; and
WHEREAS, to date, the City has still not received any payment for the CPSL and as such the CPSL expired on October 16, 2024; and
WHEREAS, the expiration of the CPSL also results in automatic termination of the right to operate a cannabis operation under a Cannabis Activity Permit (“CAP”), pursuant to PMC sections 9-4.4803(b) and (d) and 9-4.4806(d); and
WHEREAS, on March 25, 2025, Ana Leaňo-Williams (“Appellant”) timely submitted an Appeal form and applicable fee to the City Clerk's office to appeal city’s action to issue the Notice of Expiration of the CPSL and Termination of CAP-8-18, claiming extreme hardship due to gross reduction in business over the last year and a half as the basis for not paying the CPSL renewal fee; and
WHEREAS, denial of the appeal submitted by the Appellant and uphold the City’s Notice of Expiration of Cannabis Public Safety License/Termination of Cannabis Activity Permit is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment; and
WHEREAS, on April 14, 2025, the City Council held a duly noticed public hearing to consider the appeal filed by Appellant wherein it considered all written, oral and other evidence submitted.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica as follows:
A. The above recitals are true and correct and material to this Resolution.
B. In making its findings, the City Council relied upon and hereby incorporates by reference all correspondence, staff reports, and other related materials.
BE IT FURTHER RESOLVED, that the City Council hereby denies the Appeal filed by Appellant and upholds the City’s Notice of Expiration of Cannabis Public Safety License/Termination of Cannabis Activity Permit and Cessation of Operations dated March 19, 2025, issued to Seaweed Holistics, LLC., located at 450 Dondee Street, Unit #2, Pacifica, CA 94044 (APN 022-021-640) and finds that non-payment of the CPSL fee is a clear violation of the PMC and results in automatic expiration and there are no exceptions provided in the Code or the CPSL for non-payment of the CPSL renewal fee.
BE IT FURTHER RESOLVED, that the CPSL issued to Seaweed Holistics, LLC is hereby expired and the CAP is terminated. Seaweed Holistics, LLC shall no longer entitled to any privileges authorized by the CPSL or the CAP and must cease commercial retail cannabis operations authorized by the CPSL and the CAP.
BE IT FURTHER RESOLVED that nothing stated in this Resolution shall be interpreted as forgiving or absolving the Seaweed Holistics, LLC of those amounts owed and outstanding to the City for back taxes owed and costs associated with the City’s Annual Audits. * * * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 14 day of April 2025.
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
______________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney