HomeMy WebLinkAbout25149RESOLUTION NO. 25149
A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE
EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO.
C-2019-096, HELD BY CALIBLISS, LLC
Jurisdiction: The appeal hearing is conducted in accordance with Palm Springs
Municipal Code Chapter 2.05 which confers jurisdiction upon the City Council to hear all
appeals to the City Council other than those separately handled pursuant to Chapter 2.50.
WHEREAS, Calibliss, LLC ("Appellant") was issued Conditional Cannabis Permit
No. C-2019-096 ("Permit") pursuant to Palms Springs Municipal Code Chapter 5.55 on
July 14, 2020. A twelve-month extension was granted on July 4, 2021, and a second
twelve-month extension was granted on July 5, 2022; and.
WHEREAS, the second extension window for the Permit expired on July 3, 2023,
and staff advised representatives for Appellant that'an additional twelve-month extension
would require -the approval of City Council (by an appeal) and would be subject to a
penalty of up to $10,000, pursuant to Palm Springs Municipal Code Section 5.5.080; and
WHEREAS, Appellant thereafter filed a Notice of Appeal of the expiration of the
Permit.on May 30, 2023; and
WHEREAS, notice of the appeal hearing before the City Council was given in
accordance with applicable law, and was rescheduled from July 24, 2023, to September
14, 2023, upon Appellant's request and the City's consent to afford Appellant an
additional opportunity to address questions from the City Council; and
WHEREAS, notice of the appeal hearing before the City Council was given in
accordance with applicable law, and was rescheduled from September 14, 2023 to
October 12, 2023, with Appellant's consent to afford Appellant an additional opportunity
to address -questions from the City Council; and
WHEREAS, the City Council of the City of Palm Springs opened and conducted a,
duly noticed appeal 'hearing in accordance with Palm Springs Municipal Code Section
5.55.080 and Chapter 2.05 on October 12, 2023; and
WHEREAS, the City Council of the City Palm Springs was presented with a report
from report from staff regarding the appeal dated October 12, 2023 ("Report"), and
evidence regarding Appellant's ability to. demonstrate substantial progress toward
becoming operational, and identification of any unique factors that impeded Appellant
from becoming operational; and
WHEREAS, the City Council of the City of Palm Springs has carefully reviewed
and.considered all the evidence presented in connection with said appeal on September
14, 2023.
Resolution No. 25149
Page 2
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND,
after due consideration given to the relevancy, weight, and credibility of testimony and
evidence, and based upon a preponderance of the evidence in accordance with the City
Council's procedure, as follows:
SECTION 1. INCORPORATION OF RECITALS. The foregoing Recitals are true
and correct and are incorporated herein by this reference.
SECTION 2. DETERMINATION.
® Calibliss, LLC has failed to provide adequate evidence of substantial
progress toward becoming operational and no unreasonable delay, that
includes Calibliss, LLC's failure to present evidence identifying unique
factors that impeded them from becoming operational. Accordingly,
pursuant to Palm Springs Municipal Code Section 5.55.080 and based upon
the Report, the evidence in the record, and testimony presented at the
hearing, the City Council DENIES Calibliss, LLC's appeal for a twelve-
month extension of the Permit.
❑ Calibliss, LLC has presented adequate evidence of substantial progress
toward becoming operational and a lack of unreasonable delay. ,
Accordingly, pursuant to Palm Springs Municipal Code Section 5.55.080
and based upon the evidence in the record and testimony presented at the
hearing, the City Council GRANTS Calibliss, LLC's appeal for a twelve-
month extension of the Permit, to expire on 2024.
Calibliss, LLC shall pay a penalty in the amount of $
ADOPTED THIS 12T" DAY OF OCTOBER 2023.
�1//
Scott C. Stiles, City Manager
ATTEST:
Brenda Pree, City Clerk
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Resolution No. 25149
Page 3
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 25149 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on October 12, 2023, by the
following vote:
AYES: Councilmembers deHarte, Holstege, Middleton; Mayor Pro Tern Bernstein; and
Mayor Garner
NOES: None
ABSENT:, None
RECUSED: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this I &K day of October 2023.
Brenda Pree, MMC, CERA, City Clerk
City of Palm Springs, California