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HomeMy WebLinkAbout25157I I I RESOLUTION NO. 25157 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF BEATITUDE, LLC EXPIRATION: OF CONDITIONAL CANNABIS PERMIT NO. C-2019-067 WHEREAS, Beatitude, LLC was issued Conditional Cannabis Permit No. C-2019- 067 pursuant to Palms Springs Municipal Code 5.55 on January 5, 2022.; and WHEREAS, Beatitude, LLC Conditional Cannabis Permit No. C-2019-067 expired on January 5, 2022, and an additional twelve-month extension was requested requiring the approval of City Council and subject to a penalty of up to $10,000, Palm Springs Municipal Code 5.5.080; and WHEREAS, Beatitude, LLC filed an appeal of the expiration of Conditional Cannabis Permit No. 2019-067 on October 11, 2023; and WHEREAS, the City Council of the City of Palm Springs reviewed the staff report and supporting evidence on November 9, 2023; and WHEREAS, the City Council of the City Palm Springs was presented evidence that Beatitude, LLC has demonstrated substantial progress to becoming operational; and WHEREAS, the City Council of the City of Palm Springs has carefully reviewed and considered all the evidence p'resented in connection with said a·ppeal on November 9,2023;and 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. Thatthe foregoing Recitals are true and correct and are incorporated herein by this reference. • • Resolution No. 25157 Page 2 SECTION 2. D Beatitude , LLC has failed to provide substantial evidence of progress toward becoming operational and no unreasonable delay . Beatitude, LLC has failed to present evidence identifying unique factors that impeded them from becoming operational. The City Council upholds the expiration of Conditional Cannabis Permit No . C-2019-067 and the request by Beatitude , LLC for a twelve -month extension is denied. Beatitude , LLC has presented substantial evidence of progress toward becoming operational and no unreasonable delay. The City Council grants a twelve-month extension pursuant to Palm Springs Municipal Code 5.55 .080 , without the payment of a penalty . ADOPTED THIS grH DAY OF NOVEMBER 2023 . Scott C . Stiles , City Manager ATTEST: Brenda Pr;;:citycierk I I I I I I Resolution No. 25157 Page 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS) CERTIFICATION ss. I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25157 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 November 9, 2023, by the following vote: AYES: NOES: ABSENT: RECUSED: Councilmembers deHarte, Holstege, Middleton; Mayor Pro Tern Bernstein; and Mayor Garner None None None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ?<>"-day of Ng,:~ Brenda Pree, MMC, CERA, City Clerk City of Palm Springs, California