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HomeMy WebLinkAbout25164RESOLUTION NO. 25164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF SKYCAN, LLC EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019-098 WHEREAS, Skycan, LLC was issued Conditional Cannabis Permit No. C-2019- 098 pursuant to Palms Springs Municipal Code 5.55 on August 5, 202.; and WHEREAS, Skycan, LLC Conditional Cannabis Permit No. C-2019-098 expired on November 4, 2023, 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, Skycan, LLC filed an appeal of the expiration of Conditional Cannabis Permit No. 2019-067 on November 1, 2023; and WHEREAS, the City Council of the City of Palm Springs reviewed the staff report and supporting evidence on December 14, 2023; and WHEREAS, the City Council of the City Palm Springs was presented evidence that Skycan, 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 presented in connection with said appeal on December 14, 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. That the foregoing Recitals are true and correct and are incorporated herein by this reference. Resolution No. 25164 Page 2 SECTION 2. ❑ Skycan, 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-2019-098 and the request by Skycan, LLC for a twelve-month extension is denied. ® Skycan, 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 any penalty. ADOPTED THIS 14TH DAY OF DECEMBER 2023. Cott C. Stiles, City Manager ATTEST: z 4 1�t J� B enda Pree, City Clerk Resolution No. 25164 Page 3 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. 25164 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 December 14, 2023, by the following vote AYES: Councilmembers Garner, Holstege, Middleton; Mayor Pro Tern deHarte; and Mayor Bernstein NOES: None ABSENT: None RECUSED: None IN WITNESS WHEREOF, I have hereunto s t my hand and affixed the official seal of the City of Palm Springs, California, this �iay of December 2023. Brenda Pr e, MMC, CERA, City Clerk City of Palm Springs, California u