HomeMy WebLinkAboutItem 6 - Murphy ReportADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: October 23, 2024
SUBJECT: APPEAL OF THE ADMINISTRATIVE FINE OF $5,000 TO LAUREN MURPHY FOR
VIOLATION OF CHAPTER 5.55.060 OF THE PALM SPRINGS MUNICIPAL CODE
BY: Office of Special Programs Compliance Department
SUMMARY
Lauren Murphy has requested an appeal of the administrative citation AB6014 and fine of
$5,000.00 for operating an adult-use cannabis business and engaging in adult-use cannabis
activity within the City of Palm Springs without first obtaining the applicable state and local adult-
use cannabis business licenses.
RECOMMENDATION:
1) Open the Appeal Hearing and accept public testimony.
2)Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF
ADMINISTRATIVE CITATION AB6014 AND FINE OF $5,000 TO LAUREN MURPHY
FOR VIOLATION OF CHAPTER 5.55.060 OF THE PALM SPRINGS MUNICIPAL CODE
BACKGROUND:
In California, it is legal for individuals aged 21 and older to possess and cultivate cannabis, in
accordance with the Health and Safety Code’s (HSC) Uniform Controlled Substances Act. Under
HSC-11357 and HSC-11358, individuals aged 21 or older may possess up to 28.5 grams of
cannabis or up to 8 grams of concentrated cannabis. Additionally, individuals in this age group are
permitted to grow up to 6 cannabis plants for personal use.
In the City of Palm Springs, Adult-Use Cannabis Related Businesses and Activities are regulated
with Chapter 5.55 with the purpose and intent to regulate the cultivation, manufacturing,
processing, testing, transportation, and distribution, of cannabis goods in a manner which is
responsible, which protects the health, safety, and welfare of the residents of Palm Springs, and
to enforce rules and regulations consistent with State Law under the Medicinal and Adult-Use
Cannabis Regulation and Safety Act (MAUCRSA). In part to meet these objectives, an annual
permit shall be required in order to own and/or to operate an Adult-Use Cannabis Business within
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Administrative Appeals Board Staff Report
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Cannabis Related Business and Activities Appeal – Murphy
Palm Springs. Nothing in this Chapter is intended to authorize the possession, use, or provision
of Cannabis for purposes that violate state or federal law. The provisions of this Chapter are in
addition to any other permits, licenses, and approvals that may be required to conduct business
in the City, and are in addition to any permits, licenses and approval required under state, county,
or other law.
On Monday, August 19, 2024, the Department of Special Program Compliance Director, Veronica
Goedhart, informed Code Compliance Officer Johnathan Ingram that the California Department of
Fish and Wildlife would be serving a search warrant at 2285 E. Tachevah Dr. for illegal cannabis
cultivation and manufacturing of cannabis products and reached out to our department requesting
our participation and assistance. Officer Ingram then contacted Susan Sanchez, Warden with the
California Department of Fish and Wildlife Law Enforcement Division, Cannabis Enforcement
Program. Officer Ingram coordinated with Susan to include himself and Code Compliance
Supervisor Mitch Nabhan in attending alongside their strike team during the execution of the
search warrant.
On Wednesday, August 21, 2024, Code Compliance Supervisor Mitch Nabhan and Code
Compliance Officer Johnathan Ingram arrived at the Bureau of Land Management office to meet
with the California Department of Fish and Wildlife for a briefing on the strike team’s operations
plan. After the briefing, Code Compliance Supervisor Nabhan and Code Compliance Officer
Ingram dispatched with the strike team to the property and remained on standby while the team
detained two subjects involved in operating an adult-use cannabis business without the required
permits.
Once the strike team secured the property Code Supervisor Nabhan and Code Officer Ingram
were granted clearance to enter, where they conducted a thorough inspection of the premises.
Photographs were taken to document the findings. Inside the house, Code Compliance observed:
(1) room set up for indoor cultivation (nursery).
(1) room set up for drying harvested plants and packaging cannabis products.
(2) rooms setup for cannabis manufacturing
(19) packages of bulk cannabis, processed and trimmed in bundles of one-pound and half-
pound bags.
(25) harvested untrimmed cannabis plants
Final form packaging materials including pre-printed graphic labels and containers
The exterior backyard contained:
Outdoor Cultivation areas containing mature cannabis plants rooted in the ground
throughout the backyard.
Outdoor Nursery area along the east side yard of the property containing immature plants.
CO2 tanks, materials for indoor hydroponic growing stations.
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Administrative Appeals Board Staff Report
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Cannabis Related Business and Activities Appeal – Murphy
STAFF ANALYSIS:
The property located at 2285 Tachevah Dr., (the property) is a single-family residence with zoning
classification of R1C. R1C is one of five that has been established to provide a variety of low-
density housing types and neighborhoods. Commercial activity is in general not a use permitted
in residential zones. Specifically, cannabis cultivation, manufacturing and distribution are limited
to manufacturing zones, with a respective conditional use permit.
An adult-use cannabis permit was never issued to a tenant, or owner for adult-use cannabis
related business and activities at the property prior to any zoning or regulation updates and would
not be permitted with the current zoning regulations.
The property is currently owned by Ross R. Melin with a mailing address in Indian Wells. Lauren
Murphy is not an owner listed on title.
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Cannabis Related Business and Activities Appeal – Murphy
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Cannabis Related Business and Activities Appeal – Murphy
The suspects in the investigation were found to be advertising and facilitating the operation of an
adult-use cannabis business via the social media platform Instagram under the account name
“new_york_dill”. The account description identifies “Dylan B” and describes association with
cannabis cultivation and manufacturing. The images contained within this user account display
both product and labeling that were later discovered on the premises.
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Cannabis Related Business and Activities Appeal – Murphy
In the lead up to the service of the search warrant, the suspects identified that were
associated with the subject location 2285 E Tachevah Dr were Dylan Murphy & Lauren Murphy
During the execution of the search warrant at the premises Code Officer Johnathan Ingram and
Code Supervisor Mitch Nabhan observed both cultivation activity, defined within PSMC 5.55 as
any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of
Adult-Use Cannabis, and manufacturing activity within the interior of the property.
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Cannabis Related Business and Activities Appeal – Murphy
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Cannabis Related Business and Activities Appeal – Murphy
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Cannabis Related Business and Activities Appeal – Murphy
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Cannabis Related Business and Activities Appeal – Murphy
Additionally, during the execution of the search warrant at the premises Code Officer Johnathan
Ingram and Code Supervisor Mitch Nabhan observed cultivation activity, defined within PSMC
5.55 as any activity involving the planting, growing, harvesting, drying, curing, grading, or
trimming of Adult-Use Cannabis within the exterior of the property.
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Cannabis Related Business and Activities Appeal – Murphy
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Administrative Appeals Board Staff Report
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Cannabis Related Business and Activities Appeal – Murphy
PSMC 5.55.060, titled Adult-Use Cannabis Permit Required to Engage in Adult-Use Cannabis
Business clearly states:
No person may engage in any Adult-Use Cannabis Business or in any Adult-Use Cannabis Activity
within the City of Palm Springs including Cultivation, manufacture, processing, laboratory testing,
transporting, dispensing, distribution, or sale of Cannabis goods unless the person: (1) has a valid
Adult-Use Cannabis Permit from the City of Palm Springs; and (2) is currently in compliance with
all applicable state and local laws and regulations pertaining to the Adult-Use Cannabis Business
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Administrative Appeals Board Staff Report
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Cannabis Related Business and Activities Appeal – Murphy
and the Adult-Use Cannabis Business activities, including the duty to obtain any required state
licenses. Persons with a valid Adult-Use Cannabis Permit shall only operate under the name
and/or "doing business as" or "DBA" provided in the permit application.
Staff finds that based on the findings observed by the Code Compliance Officers, along with the
supporting documentation investigated by the CA Department of Fish and Wildlife that adult-use
cannabis activity as defined with the Palm Springs Municipal Code occurred at the property without
City of Palm Springs approval and required permits. The findings support the violation identified,
citation issuance and applicable penalty.
Mitchell Nabhan,
Code Compliance Supervisor
Special Program Compliance
Attachments:
Resolution no. _____ Decision of the Administrative Appeals Board 1
Notice of Appeal Hearing 2
Administrative Citation Appeal Letter 3
Notice of Violation 4
Code Officer Report 5
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ATTACHMENT 1
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RESOLUTION NO. ___
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ADMINISTRATIVE CITATION
AB0614 AND FINE OF $5,000 TO LAUREN MURPHY FOR
VIOLATION OF CHAPTER 5.55.060 OF THE PALM
SPRINGS MUNICIPAL CODE
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS, Lauren Murphy does not currently hold a valid Adult-Use Cannabis
Permit from the City of Palm Springs;
WHEREAS, No person may engage in any Adult-Use Cannabis Business or in
any Adult-Use Cannabis Activity within the City of Palm Springs including Cultivation,
manufacture, processing, laboratory testing, transporting, dispensing, distribution, or
sale of Cannabis goods unless the person has a valid Adult-Use Cannabis Permit from
the City of Palm Springs;
WHEREAS, No person may engage in any Adult-Use Cannabis Business or in
any Adult-Use Cannabis Activity within the City of Palm Springs including Cultivation,
manufacture, processing, laboratory testing, transporting, dispensing, distribution, or
sale of Cannabis goods unless the person is currently in compliance with all applicable
state and local laws and regulations pertaining to the Adult-Use Cannabis Business and
the Adult-Use Cannabis Business activities, including the duty to obtain any required
state licenses.
WHEREAS, On Wednesday, August 21, 2024, The California Department of Fish
and Wildlife Law Enforcement Division executed a search warrant for illegal cannabis
cultivation and manufacturing of cannabis products at the property located at 2285 E.
Tachevah Dr., Palm Springs,
WHEREAS, On Wednesday, August 21, 2024, the Department of Special
Program Compliance, Code Compliance Division accompanied The California
Department of Fish and Wildlife Law Enforcement Division during the execution of a
search warrant for illegal cannabis cultivation and manufacturing of cannabis products
at the property located at 2285 E. Tachevah Dr., Palm Springs,
WHEREAS, the City investigated and determined that Lauren Murphy, residing at
2285 E. Tachevah, engaged in Adult-Use Cannabis Business Activity within the City of
Palm Springs including Cultivation, manufacturing, processing, transporting, and
distribution,
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Resolution ____
Page 2
WHEREAS, Administrative Citation No. AB0614 was issued to Lauren Murphy
for violation of Palm Springs Municipal Code 5.55.060 titled Adult-Use Cannabis Permit
Required to Engage in Adult-Use Cannabis Business
WHEREAS, Lauren Murphy, filed an administrative appeal of the Administrative
Citation No. AB0614 for with the City Clerk and paid the appeal fee; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on October 23, 2024 and
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Lauren Murphy violated Section 5.55.060 of the Palm Springs Municipal
Code; and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on October 23,
2024; and
THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, 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 Board’s
procedures, as follows:
SECTION 1.
The Appellant is in violation of Palm Springs Municipal Code 5.55.060. The
Administrative Appeals Board upholds the Administrative Citation and Fine of
$5,000.00 to Lauren Murphy.
The Appellant is not in violation of Palm Springs Municipal Code 5.55.205 (A)(2)
and 5.55.110. The Administrative Appeals Board overturns the Administrative
Citation and Fine of $5,000.00 to Lauren Murphy.
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Resolution ____
Page 3
SECTION 2. The Administrative Appeals Board directs the City Clerk to deliver a copy
of this Resolution to each party and to file a disposition report with the Palm Springs
City Council.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD THIS DAY OF 2024.
Patrick Basille
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Brenda Pree, Interim City Clerk of the City of Palm Springs, do hereby certify
that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a
meeting of the Administrative Appeals Board of the City of Palm Springs
on the day of , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
BRENDA PREE, MMC, CERA
City Clerk
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ATTACHMENT 2
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NOTICE OF ADMINISTRATIVE HEARING
CITY OF PALM SPRINGS, CALIFORNIA
BEFORE THE
ADMINISTRATIVE APPEALS BOARD
TO: Lauren Murphy
2285 E. Tacheva Dr.
Palm Springs, CA. 92262
NOTICE IS HEREBY GIVEN, pursuant to Palm Springs Municipal Code §2.50.080(d), of the Appeal
Hearing before the Administrative Appeals Board, on the decision of the Department of Special Program
Compliance, Violation of the Palm Springs Municipal Code 5.55, with respect to adult use cannabis
related businesses and activities located at 2285 E. Tacheva Dr., Palm Springs, CA. 92262.
Hearing Date:
Hearing Time:
October 23, 2024
5:30 p.m.
Location: City Hall Large Conference Room
3200 E. Tahquitz Canyon Dr, Palm Springs, CA. 92262
The Administrative Appea ls Board requests that if you have supplementa l documentation/evidence, that
you provide such documentation 24-hours in advance of the hearing. You may submit your
documentation in person or via email at CityClerk@palmspringsca.gov . Documentation submitted at the
meeting will be accepted; however. if the Board does not think it has adequate time to re viev. your
documentation, your appeal hearing may be continued to a future meeting.
A bilingual and/or ASL interpreter will be made available, at no cost, upon request at least 48-hours in
advance of the hearing. Please contact the Office of the City Clerk at (760) 323-8204 or via email at
CityClerk@palmspringsca.go v.
State of California )
County of Riverside ) ss.
City of Palm Springs )
AFFIDAVIT OF MAILING
I, Cassandra Edney, Deputy City Clerk of the City of Palm Springs, California, do hereby certify
that the Notice of Hearing before the Administrative Appeals Board was emailed to the parties at the
address above, on October I, 2024.
I declare under penalty of perjury that the foregoing is true and correct.
�e y Deputy City Clerk
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ATTACHMENT 3
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City of Palm Springs
FINANCE DEPARTMENT
PO Box 2743
Palm Springs, CA 92263-2743
+1 (760) 323-8299
Like No Place Else!
09/18/2024 03:05PM Shahriar
003352-0015
MISCELLANEOUS
OTHER CHARGE CURRENT
SVC (OTHCHG)
2025 Item: OTHCHG
1 @ $195.0000
Balance unpaid: -$195.00
OTHER CHARGE CURRENT
SVC (OTHCHG) $195.00
--------------
$195.00
Subtotal $195.00
Total $195.00
EERP TYLER PAYMENTS CC $195.00
************5536
Ref=0e5c45e5-0ac0-4467-86a3-7aa24494d48f
Auth=000775
--------------
Change due $0.00
Paid by: MURPHY/LAUREN I
Thank you for your payment
City of Palm Springs COPY
DUPLICATE RECEIPT
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ATTACHMENT 4
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ATTACHMENT 5
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Cannabis Officer Event Report
Date of Report Submission
Wednesday, August 21, 2024
Time of Report Submission
1:22 PM
Type of Report
Search Warrant
Date of the Event
Wednesday, August 21, 2024
Property Address
2285 E Tachevah Dr
92262
Time arrived at the facility:
8:40 PM
Please Select Items Inspected (select all that
apply):
Exterior Facility Requirements
Interior Facility Requirements
Please briefly summarize the inspection and
detail any corrective action taken.
On Monday, August 19, my Director Veronica Goedhart
informed me that the California Department of Fish and
Wildlife was serving a search warrant at the property
located at 2285 E Tachevah Dr for the illegal cultivation
and manufacturing of cannabis. Following this, I
contacted Susan Sanchez from the California
Department of Fish and Wildlife Law Enforcement
Division, Cannabis Enforcement Program. I coordinated
with her to include myself and Code Compliance
Supervisor Mitch Nabhan to attend the strike team as
they executed the search warrant.
On Wednesday, August 21, Code Compliance Supervisor
Mitch Nabhan and I arrived at the Bureau of Land
Management to meet with the California Department of
Fish and Wildlife for a briefing on the strike team’s
operations plan. After the briefing, we followed the strike
team to the property and remained on standby while the
team apprehended two subjects involved in operating an
adult-use cannabis business without the required
permits.
Once the strike team secured the property and granted
us clearance to enter, Mitch and I conducted a thorough
inspection of the premises. I took photographs to
document our findings. Inside the house, we observed
several rooms set up for cannabis cultivation, along with
numerous apparent code violations. There were
designated areas for cloned plants, a room for drying
mature plants and packaging cannabis products. We
also observed bags of clipped and trimmed marijuana in
bundles of one-pound and half-pound bags. The exterior
backyard contained mature marijuana plants rooted in
the ground and a makeshift greenhouse along the side
of the house which had immature plants being
harvested. We also found CO2 tanks, materials for
indoor hydroponic growing stations, and labeled
packaging materials with printed labels that appeared to
be used for product distribution.
1
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Code Compliance Officer submitting the form:
Johnathan Ingram
Code Compliance Officer Email:
johnathan.ingram@palmspringsca.gov
Number of Code Officers responding to the
event:
2
Code Officer Name #1:
Johnathan Ingram
Code Officer Name #2:
Mitch Nabhan
2
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Cannabis Drop-In
Inspection Event
Report
Businesses Name
New York Dill
0000
Business Type:
Cultivation Manufacturing Distribution
Time departed from the facility:
12:40 PM
3
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