PLANNING COMMISSION
Staff Report
Scenic Pacifica
Incorporated Nov. 22, 1957
PUBLIC NOTICE: Notice of Public Hearing was published in the Pacifica Tribune on August 3, 2022 and mailed to 120 surrounding property owners and occupants.
APPLICANT: Seaweed Holistics, LLC
450 Dondee Way, Suite 2
Pacifica, CA 94044
OWNER: Ronald E. Grindrod Trust
450 Dondee Way, Suite 15
Pacifica, CA 94044
PROJECT LOCATION: 450 Dondee Way, Suite 2 (APN 022-021-640) – Rockaway Beach PROJECT DESCRIPTION:Annual review of File Nos. 2018-029 and 2020-020 – Authorizing operation of a cannabis retail operation, Seaweed Holistics, LLC, selling medicinal and adult use cannabis.
SITE DESIGNATIONS: General Plan/Local Coastal Plan: Commercial Zoning: C-1 (Neighborhood Commercial) / C-Z (Coastal Zone Combining District) / CO-RB (Cannabis Operation, Rockaway Beach Overlay District) Rockaway Beach Specific Plan: Mixed Use
RECOMMENDED CEQA STATUS: The annual review is not a “project” pursuant to § 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
ADDITIONAL REQUIRED APPROVALS: Subject to appeal to the City Council.
RECOMMENDED ACTION: Adopt the attached Resolution.
PREPARED BY: Bonny O’Connor, AICP, Senior Planner
PC Staff Report
Seaweed Holistics Annual Report
August 15, 2022
I. PROJECT SUMMARY
A. BACKGROUND
On September 16, 2019, the Planning Commission approved Cannabis Activity Permit CAP-8-18 with the adoption of Planning Commission Resolution No. 2019-031 (Attachment B) to establish and operate a Cannabis Retail Operation with adult use and medicinal cannabis sales at 450 Dondee Way, Suite 2 (File No. 2018-029). No appeal of the Planning Commission’s action was filed.
Exhibit A to Resolution No. 2019-031 includes conditions of the approval (“COAs”) applicable to CAP-8-
18. Many of these COAs are required to be met prior to the commencement of operations. While the Applicant made progress towards completion, the Applicant indicated that two COAs were infeasible to satisfy prior to commencement of operations. The Applicant explained that they had to commence operations to generate revenue through cannabis retail sales to be able to satisfy COA No. 9 and COA No. 18 (Attachment B).
Given the Applicant’s request, the City temporarily deferred compliance with COA No. 9 and COA No. 18 through the Agreement Regarding Deferral of Specified Conditions of Approval Relating to the Operation of Seaweed Holistics (“Agreement”) executed on September 21, 2020 (Attachment C), to allow the Applicant to commence operations to generate the revenue necessary to satisfy COA No. 9 and COA No. 18 provided that the Applicant expeditiously processed an application to modify these COAs. On February 16, 2021, the Planning Commission approved Resolution No. 2021-001 which formally amended CAP-8-18 amend COA No. 9 and COA No. 18 to defer the timing of compliance with those conditions until after commencement of operations (File No. 2020-020) (Attachment D).
Pursuant to Pacifica Municipal Code (PMC) Section 9-4.4806(e), the Planning Department is “authorized to conduct an annual review of the operation of each permitted cannabis operation … for full compliance with the operational, recordkeeping, nuisance and other requirements [of Pacifica’s Cannabis Regulations]...” COA No. 19 of Planning Commission Resolution No. 2019-031 required the Planning Commission to conduct the initial annual review and established the timing of the annual review to be held not less than one year but not more than two years from the issuance of the Cannabis Public Safety License (CPSL).
The Police Chief issued the CPSL on October 16, 2019, however, the Applicant commenced cannabis retail operations in September 2020. Therefore, this annual report is being conducted within two years of implementation of the CPSL.
B. ANNUAL REPORT
1. Criteria
The City of Pacifica’s “Cannabis Regulations” are contained in Article 48 of Chapter 4 of Title 9 of the PC Staff Report
Seaweed Holistics Annual Report
August 15, 2022
PMC1. The Cannabis Public Safety License requirements are contained in Chapter 16 of Title 4 of the PMC2
. Additionally, Cannabis Activity Permit CAP-8-18 sets forth compliance requirements in the conditions of approval in Exhibit A to Planning Commission Resolution No. 2019-031, as amended by Planning Commission Resolution No. 2021-001. The following section lists each COA with staff’s assessment of whether operation of the site is compliant with the respective condition based on a site inspection conducted by the Police Chief and the Planning Director on August 27, 2020, an inspection by HdL Companies3 on December 1, 2021, and February 3, 2022, and Planning, Building, and North County Fire Authority staff on August 1, 2022.
2. Conditions of Approval
Table 1, below, lists the conditions of approval applicable to Cannabis Activity Permit CAP-8-18:
Table 1.
COA
No.
Summary of Condition and Statusa
1 Summarized Condition. Development shall be substantially in accord with the plans as modified by the conditions of approval.
Status. Not Compliant. The Applicant has not complied with COA No. 9 which requires the modification of the storefront window.
2 Summarized Condition. The approval is valid for a period of two years from the date of final determination.
Status. Compliant. Operations were required to commence no later than September 26, 2021, or else submit a request for an extension and applicable fee prior to September 26, 2021. Operations commenced in September 2020.
3 Summarized Condition. 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. The transfer of the Cannabis Activity Permit and Cannabis Public Safety License shall hereafter be prohibited.
Status. Compliant. The Cannabis Activity Permit has not been transferred to any other person or entity. 4 Summarized Condition. The Applicant shall at all times maintain a valid Cannabis Public Safety License and a valid license/permit from the State of California.
Status. Compliant. Pacifica Police Department issued the Cannabis Public Safety License on October 16, 2019 and it currently expires on October 16, 2022. The California Bureau of Cannabis Control Cannabis – Retailer License (No. C10-0000719-LIC) was issued to Seaweed Holistics LLC on June 2, 2020 and currently expires on June 2, 2023.
5 Summarized Condition. The Cannabis Retail Operation shall operate consistent with all provisions of Article 48 of Chapter 4 of Title 9 applicable to Cannabis Retail Operations. 1 City of Pacifica Cannabis Regulations:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT9PLZO_CH4ZO_ART48 CARE
2 City of Pacifica Cannabis Public Safety License Requirements:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT4PUSA_CH16CAPUSALI 3 The City has contracted the services of HdL to provide annual financial audits and compliance inspections of all permitted cannabis businesses operating within the City.
PC Staff Report
Seaweed Holistics Annual Report
August 15, 2022
Status. Not Compliant. The operation is not in compliance with PMC sec. 9-4.4803(d)(5), which requires an operation to comply with conditions imposed by the Planning Commission. As further discussed under COA No. 9, 18, and 20, the operation is not compliant with these Planning Commission imposed conditions. HdL’s site visit on 12/1/2021 did not identify any other compliance issues. 6 Summarized Condition. The Applicant shall operate and maintain the Cannabis Retail Operation in a manner which does not constitute a public nuisance.
Status. Not Compliant. The Police Department and Code Enforcement Officer have confirmed that there have been no cases of concern related to the operation of this Cannabis Retail Operation. However, lack of compliance with three conditions of approval as further described in the annual report constitutes a public nuisance as provided in PMC sec. 9-4.4807.
7 Summarized Condition. 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.
Status. Compliant. The Police Chief approved the revised security plan in September 2020. 8 Summarized Condition. The Cannabis Retail Operation shall be conducted entirely within the enclosed space of the business premises.
Status. Compliant. No reports of business being conducted outside of the enclosed space of the business have been report.
9b Summarized Condition, as amended. Establishment of a milestone timeline for the modification of the front window to meet or exceed the requirements of PMC sec. 4-16.03(c)(1)(ii).
Status. Not Compliant. Window has not been modified and progress through the milestones was not completed.
10 Summarized Condition. 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).
Status. Compliant. Police Chief found physical barrier on the first floor acceptable during August 27, 2020 site visit.
11 Summarized Condition. 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.
Status. Compliant. Police Chief found physical barrier on the first floor acceptable during August 27, 2020 site visit, except for the need of a locking mechanism. Locking mechanism was confirm by Building Department staff on August 1, 2022.
12 Summarized Condition. 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.
Status. Compliant. Confirmed by Planning staff prior to operation. 13 Summarized Condition. Prior to commencement of operations, the Applicant shall remove signage or bring it into compliance with a master sign program.
Status. Compliant. New sign was installed and building permit final inspection was passed on February 12, 2021.
14 Summarized Condition. Prior to commencement of operations, the Applicant shall submit for Planning Director review and approval of 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 PMC Section 4.16-03(c)(i)(ab) and PMC Section 9-4.4803(d).
Status. Compliant. Planning staff verified during the August 27, 2020 and August 1, 2022 site visits.
PC Staff Report
Seaweed Holistics Annual Report
August 15, 2022
15 Summarized Condition. 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.
Status. Compliant. Confirmed by Planning staff prior to operation. 16 Summarized Condition. The Applicant shall indemnify, defend and hold harmless the City, its Council, Planning Commission, advisory boards, officers, employees, consultants and agents from any claim, action or proceeding brought against the City.
Status. N/A. No action related to this permit has been brought against the City to date. 17 Summarized Condition. All cannabis-related products shall be stored in air-tight containers which are completely sealed in order to minimize unpleasant odors.
Compliant. Planning staff confirmed during the August 1, 2022 site visit. 18b Summarized Condition, as amended. Within 60 days of February 16, 2021, Permittee shall pay in full all outstanding fees associated with processing CAP-8-18 and fees and costs incurred by the City associated with preparing the Agreement Regarding Deferral of Specified Conditions of Approval Relating to the Operation of Seaweed Holistics and all city costs and fees associated relating to the Planning Commission hearing to consider the amendment of the CAP.
Status. Not Compliant. Outstanding fees associated with processing and amending CAP-8-18 and cost associated with preparing the deferral agreement have not been paid at the time of preparation of this report.
19 Summarized Condition. 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.
Status. Compliant. This review is the first of the required two annual reviews. 20 Summarized Condition. 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 supplemental security requirements, including unannounced site inspections, quarterly reports of compliance to Police, and 24 hour access to security access.
Status. Not Compliant. Inspections and access to security cameras have been provided to Police as needed. Applicant provided two quarterly reports since opening, covering the timeframe of October - December 2020 and January – March 2021. The Applicant has stated that no quarterly reports have been submitted since March 2021.
21 Summarized Condition. Applicant shall obtain approval of a building permit by the Building Official prior to commencing any construction activity.
Status. Compliant.
22 Summarized Condition. 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.
Status. Compliant. Sprinkler system was found compliant. NCFA staff provided Applicant some suggestions to improve the implementation of the sprinkler system on August 1, 2022. 23 Summarized Condition. 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.
Status. Compliant. With exception of the installation of the sign, no exterior construction has occurred to date. Operation commenced within existing commercial space.
PC Staff Report
Seaweed Holistics Annual Report
August 15, 2022
24 Summarized Condition. Requirements related to protection and repair of public right-of-way as a result of construction activities.
Status. Compliant. With exception of the installation of the sign, no exterior construction has occurred to date. Operation commenced within existing commercial space. 25 Summarized Condition. 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.
Status. Compliant. Planning staff confirmed store hours during the August 1, 2022 site visit. a. Full text of condition can be found in Attachment B (or Attachment D for conditions revised by Resolution No. 2021-001, see note b) to this staff report.
b. Condition was amended by Resolution No. 2021-001
Conditions which are detailed as not compliant in Table 2 are discussed in further detail below.
Condition of Approval No. 1
This condition requires the development to be substantially in accordance with the approved plans modified by the conditions of approval. As further discussed below for COA No. 9, the Applicant has not complied with COA No. 9 which requires the modification of the storefront window. Therefore the development is out of compliance COA No. 1.
Condition of Approval No. 5
This condition incorporates all the requirements of Article 48 of Chapter 4 of Title 9 of the PMC applicable to the cannabis retail operation. PMC Section 9-4.4803(d)(5) states, “The Planning Commission may impose additional conditions which it deems necessary to ensure that operation of the cannabis operation will be in accordance with the findings provided in Section 9-4.4805(a) and with the standards and regulations provided in this article and applicable state laws.” As further discussed below for COA No. 9, No. 18, and No. 20, the Applicant has not complied with these conditions imposed by the Planning Commission and therefore is out of compliance with PMC Section 9-4.4803(d)(5) and, therefore, COA No. 5.
Condition of Approval No. 6
This condition prohibits the operation of the cannabis retail operation from creating a public nuisance.
As established in PMC sec 9-4.4807, “[a]ny use or condition caused or permitted to exist in violation of any provision of this article shall be and hereby is declared a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure, section 731 or any other remedy available to the City.” The cannabis retail operation is in violation of provision of Article 48 as demonstrated in this annual report because there are Conditions of Approval that have not been complied with and, as a result, the cannabis retail operation is considered a public nuisance, as defined in the PMC. Therefore, the Applicant is non-compliant with COA No. 6.
Condition of Approval No. 9
This condition was initially included in Resolution No. 2019-031 to bring the existing storefront window into the glazing requirements of PMC sec. 4-16.03(c)(1)(ii), which states, “Windows and window coverings. Storefronts (front facade of the cannabis operation) shall be primarily glass with glass occupying at least forty-five (45%) percent of the entire store front and sixty (60%) percent of the horizontal length of the store. Window and door areas shall not be covered, tinted, or made opaque in any way, or obscured in any way by landscaping, floor displays, equipment, or the like.” PC Staff Report
Seaweed Holistics Annual Report
August 15, 2022
Planning Commission’s findings in Resolution No. 2019-031 detail “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 COA would require modification of the front window to comply with PMC Section 4-16.03(c)(1)(ii).”
As discussed under section A of this staff report, COA No. 9 initially required the Applicant to modify the storefront window prior to commencement of operations. However, in response to the Applicant’s claims that revenue from the operation of the cannabis operation was necessary to generate the funds for the window modifications, the City worked with the Applicant to establish a mutually agreed upon schedule that would delay the window modifications until after the commencement of operations. The City entered into a deferral agreement with the applicant and the Planning Commission later amended the condition to be consistent with the deferral agreement. The Applicant’s progress on this condition, and the associated milestone deadlines contained in the condition, is detailed in Table 2.
Table 2. Applicant’s Progress with COA No. 9, as revised by Resolution No. 2021-001 Summary of Milestone Deadlines Identified in
Resolution No. 2021-001 Applicant’s progress
The Applicant shall apply for a building permit
within two weeks of approval of Resolution No.
2021-001 (March 2, 2021) to modify the firstfloor storefront to increase the horizontal and overall measurements of the glass on the first
floor storefront to meet or exceed the
requirements of PMC sec. 4-16.03(c)(1)(ii).
Applicant submitted building permit application
materials on March 1, 2021. Engineering, Building
and Planning had comments on the submittal,
which were provided to the Applicant by March
29, 2021. The applicant has not resubmitted a
response to the City’s plan check comments
issued in March 2021.
Within three working days of notice from City
that building permit is ready to be issued, the
Applicant shall pay all building permit fees.
The City has been unable to provide notice that
the building permit is ready to be issued because
the applicant has not made diligent efforts to
process the building permit application in
response to City plan check comments, as noted
above.
Within two weeks of building permit issuance,
Applicant shall complete the store front
modification and window installation and request
a building final inspection. Additional time may
be granted by Planning Director due to a special
order of materials.
The applicant has not completed a final building
permit inspection because the applicant has not
obtained the building permit as required.
On April 26, 2021, the Applicant requested additional time from the City due to a personal loss related to COVID-19. In response, staff did suspend its regular reminders and check-ins to the applicant for approximately one year, other than an email to update the Applicant on the total of outstanding funds as discussed under COA No. 18, below. Staff was unable to grant additional time to comply with the PC Staff Report
Seaweed Holistics Annual Report
August 15, 2022
requirements of this COA because it was enacted by the Planning Commission. Thereafter, staff followed up with the Applicant in March 2022 to remind the Applicant of the outstanding window modification requirement (and outstanding fees as further discussed below), informed the Applicant that the annual report was upcoming, and encouraged resolution of these items before the report to Planning Commission. The Applicant responded stating that they were working with their landlord on next steps. On April 20, 2022, staff informed the Applicant the annual report has been scheduled for August 15, 2022 and further encouraged the Applicant to complete the window modification by July 27, 2022 so staff would have time to note satisfaction of the COA in the annual report. No progress was made on the window modification before publication of this report. Therefore, the Applicant is not compliant with COA No. 9.
Condition of Approval No. 18
This condition in Resolution No. 2019-031 is standard language that is generally included in all Planning Commission resolutions. The condition required that all outstanding and applicable fees associated with the processing of this project shall be paid within 30 days of the approval of Cannabis Activity Permit CAP-8-18 and that cannabis retail operations shall not commence operation until such fees are paid.
The City’s master fee schedule establishes a time and materials billing system for planning applications.
While staff collects an initial lump sum deposit and requires the Applicant to sign a reimbursement agreement form as part of the application, this standard condition provides an additional layer of authority for the City to collect any outstanding fees or payments prior to the commencement of the project.
The City calculated the outstanding fees associated with the permit to be $4,080.56. On January 31, 2020, the City sent the Applicant a written request for the funds within 30 days consistent with the payment terms in the reimbursement agreement. In February 2020, the Applicant requested to pay the amount in $1,000 monthly installments, which staff agreed to and established a payment plan over the next four months. The first payment was due March 31, 2020, however no payments for the outstanding fees were made.
In June 2020, staff began conversations with the Applicant of the option to enter a deferral agreement.
The Applicant agreed to pay the cost of preparing the deferral agreement and processing the amendments to the conditions of approval. Staff worked with the Applicant to establish a mutually agreed upon payment deadline that would occur after the commencement of operations. The Planning Commission formally the condition to incorporate the deadline as established in the deferral agreement.
The revised condition required the permittee to pay all outstanding fees within 60 days of Planning Commission approval of the revised conditions (i.e., April 17, 2021). Staff calculated costs at the time and informed the Applicant of the outstanding fees of $25,299.29 to be paid by March 10, 2021. No payment for the outstanding fees was made.
On April 26, 2021, the Applicant requested additional time from the City due to a personal loss related to COVID-19. Staff followed-up again with the Applicant on June 10, 2021 and informed the Applicant that the final invoice for the processing of the amendment was received and updated the final outstanding costs for the processing of the CAP, preparation and execution of the deferral agreement and processing the amendments of the CAP was $25,952.89. No response was received from the Applicant. Staff followed up with the Applicant again in March 2022 to remind the Applicant of the PC Staff Report
Seaweed Holistics Annual Report
August 15, 2022
outstanding fees (and window modification requirement as discussed above), informed the Applicant that the annual report was upcoming, and encouraged resolution of these items before the report to Planning Commission. The Applicant responded with a written request for a payment plan. On April 20, 2022, staff denied the Applicant’s request for the payment plan, and informed the Applicant the annual report had been scheduled for August 15, 2022 and further encouraged the Applicant to pay the outstanding fees by July 27, 2022 so staff would have time to note satisfaction of the COA in the annual report. No payment for the outstanding fees was made before July 27, 2022.
Condition of Approval No. 20
This condition was initially included in Resolution No. 2019-031 in response to concerns that the Police Chief had regarding the Applicant’s ability to comply with all PMC requirements and conditions of approval imposed on this permit, in particular the lack of completion of the storefront window modifications. The Planning Commission included this condition to require:
i) The Applicant to permit inspection of its cannabis operation by City officials during normal operating hours without advanced notice;
ii) The Applicant to submit quarterly compliance reports to the Chief of Police outlining how the operation is complying with all applicable laws and conditions of approval; and iii) The Applicant to provide a live stream of the Applicant’s video surveillance system which is accessible to the Chief of Police via remote access 24 hours per day.
There have been no compliance issues with the Applicant permitting inspection of its cannabis operation by City officials during normal operating hours without advance notice or providing access to the Applicant’s live stream video surveillance system 24 hours per as day. The Applicant did inform Planning staff that they have not submitted the quarterly compliance reports to the Chief of Police since March 2021.
3. Code Enforcement and Police Calls for Service
In addition to its analysis of the conditions of approval applicable to Cannabis Activity Permit CAP-8-18 (Section 2.B, above), Planning Department staff consulted with the Police Department and Code Enforcement Officer to determine if, pursuant to PMC 9-4.4806(b), violations of Article 48, the security plan or any violations which constitute a nuisance have occurred, which could be a basis for revocation of CAP 8-18. Captain Bill Glasgo found, based on an address search of 450 Dondee Way, Suite 2 of reported calls for service, that there were no calls of concern between September 2020 through July 28, 2022. Calls of concern include illegal activity or activity that can be identified as a nuisance. The City’s Code Enforcement Officer also did not identify any code enforcement complaints related to the subject site.
4. Business License and Tax Filings
Planning Department staff also consulted with the City’s Finance Department to determine if the subject cannabis operation has complied with all recordkeeping requirements of Article 48 including business license and cannabis operation tax obligations. The Finance Department confirmed that Seaweed Holistics, LLC is in good standing with all business license and cannabis operation tax filings.
II. STAFF ANALYSIS
PC Staff Report
Seaweed Holistics Annual Report
August 15, 2022
As demonstrated in Section 2 of this report, the operator of the cannabis retail operation has maintained a cannabis retail operation that has not caused calls of concern from the Police Department or public nuisance complaints from the Code Enforcement Officer. The cannabis retail operation is in good standing with the state license, business license, and local tax filings. The operator has also complied with several conditions of the cannabis activity permit, however there are notable and continuing non-compliance issues related to COA No. 9, COA No. 18, and COA No. 20. Because of the compliance status of COA No. 9, COA No. 18, and COA No. 20, the operation is also not compliant with COA No. 1, COA No. 5 and COA No. 6.
The City has provided several accommodations to this Applicant to assist with achieving compliance related to COA No. 9 and COA No. 18, including establishment of a payment plan, an agreement to defer conditions, providing additional time to due to personal matters, and scheduling the annual report at the latest meeting opportunity. These accommodations are in addition to the several email reminders and extra guidance that staff has provided the Applicant. Staff has provided this assistance with the intention of helping the Applicant succeed and to be a business-friendly resource. However, the Applicant’s lack of progress on COA Nos 9 and 18 and has left staff with no indication that further extensions for compliance would result in completion of the applicable requirements by the Applicant.
Furthermore, it was the Applicant’s responsibility to submit the quarterly reports to Chief of Police in accordance with COA No. 20
Per PMC sec. 9-4.4806(e) as the result of the noncompliance finding of this annual report, staff may initiate a permit suspension or revocation proceeding against the cannabis operation if, upon completion of an annual review, the business is found to not be in compliance with Article 48 or is operating in a manner which constitutes a public nuisance.
For all the reasons provided in this staff report, staff recommends that the Planning Commission find the operation of the cannabis retail operation at 450 Dondee Way, Suite 2 to not be in compliance with the requirements of Article 48 of Title 9, Chapter 4 of the PMC or the requirements of Planning Commission Resolution Nos. 2019-031 and 2021-001, to find that the cannabis retail operation is operating in a manner which constitutes a public nuisance, and to initiate suspension or revocation proceedings and direct staff to return within 60 days to conduct a public hearing regarding suspension or revocation of CAP 8-18.
III. COMMISSION ACTION
Move to ADOPT the attached resolution to FIND that the annual review of the cannabis retail operation is exempt from the California Environmental Quality Act; to FIND that the operation of the cannabis retail operation at 450 Dondee Way, Suite 2 (APN 022-021-640) authorized by Cannabis Activity Permit CAP-8-18 (File No. 2018-029) is not in compliance with the requirements of Article 48 of Chapter 4 of Title 9 of the PMC or the requirements of Planning Commission Resolution Nos. 2019-031 and 2021-001; and taking other actions pertaining to a public hearing to consider suspension or revocation of CAP-8-18.