HomeMy WebLinkAbout23099 RESOLUTION NO. 23099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, UPHOLDING THE ACTION
OF THE CITY MANAGER REVOKING THE MEDICAL
CANNABIS COOPERATIVE/REGULATORY PERMIT FOR
CANNAHELP CORPORATION, AT 505 INDUSTRIAL
PLACE, AND ESTABLISHING THAT RESOLUTION NO.
22666 GRANTING THE ORIGINAL PERMIT TO
CANNAHELP CORPORATION IS NO LONGER IN
EFFECT.
WHEREAS, on February 3 2010, the City Council adopted Resolution 22666,
awarding a medical cannabis corporative / collective regulatory permit to Cannahelp
Corporation at 505 Industrial Place, and
WHEREAS, on March 4, 2010, the City Building & Safety Official ordered the
entire building at 505 Industrial Place vacated and shut down due to illegal construction
and hazardous electrical conditions caused by work performed by Cannahelp without
building permits, and
WHEREAS, on April 7, 2010, the City Council reviewed Cannahelp
Corporation's regulatory permit for possible rescission due to improper tenant
improvements performed without building permits and cultivation of significant amounts
of cannabis on the premises prior to issuance of its certificate of occupancy. The
Council voted 3-2 (Mills, Weigel opposing) to not rescind the permit, and
WHEREAS, on May 10, 2010, the City issued the Certificate of Occupancy (C of
O) for Cannahelp Corporation to occupy the office and retail part of its tenant space at
505 Industrial Place, and
WHEREAS, on September 28, 2010, the City issued the C of O for Cannahelp
Corporation to occupy the cultivation rooms portion of its tenant space at 505 Industrial
Place, and
WHEREAS, on October 5, 2011, Cannhelp Corporation closed its operation at
505 Industrial Place due to Cannahelp's failure to pay rent, and
WHEREAS, pursuant to Zoning Code Section 93.23.15 (L)(4)(A) and 93.23.15
(L)(4)(B) a medical cannabis regulatory permit may be revoked if the cooperative or
collective operations cease for more than ninety (90) calendar days.
Resolution No. 23099
Page 2
WHEREAS, on February 2, 2012, the City Manager notified Stacy Hochanadel of
Cannahelp Corporation that the medical cannabis regulatory permit for Cannahelp
Corporation at 505 Industrial Place was revoked, and;
WHEREAS, pursuant to Zoning Code Section 93.23.15 (L)(5), the decision of
the City Manager is appealable as follows:
"Any decision regarding the approval, conditional approval, denial, or
revocation of a regulatory permit may be appealed to the City Council.
Said appeal shall be made by a notice of appeal from the person
appealing within thirty (30) days from the date of the decision. The appeal
shall be accompanied by a fee, which shall be established by resolution of
the City Council amended from time to time, and a written, verified
declaration setting forth the basis for the claim that the permit was
improperly approved, denied, conditioned or revoked. Filing of an appeal
shall suspend the issuance of all regulatory permits until action is taken on
the appeal."
WHEREAS, on February 6, 2012 the City received a letter of appeal from
Cannahelp Corporation, appealing the action of the City Manager to revoke the medical
cannabis regulatory permit for Cannahelp Corporation; and
WHEREAS, on February 23, 2012 the City received a supplemental letter from
Cannahelp setting forth its basis for appeal of the City Manager's revocation of its
medical cannabis permit; and
WHEREAS, a notice of public hearing of the City Council of the City of Palm
Springs to consider the appeal by Cannahelp Corporation was given in accordance with
applicable law; and
WHEREAS, on March 7, 2012, a public hearing was held by the City Councir in
accordance with applicable law to consider the appeal by Cannahelp Corporation; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the meeting on the appeal, including but not
limited to the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: Cannahelp Corporation ceased operations for more than ninety (90) days,
from October 5, 2011 through the present time.
Section 2: In its letters of February 6, 2012 and February 23, 2012, Cannahelp
Corporation failed to establish a basis for its claim that the medical
Resolution No. 23099
Page 3
cannabis regulatory permit was improperly revoked by the City Manager
on February 2, 2012.
Section 3: Resolution 22666 awarding a medical cannabis regulatory permit to Stacy
Hochanadel of Cannahelp Corporation at 505 Industrial Place is no longer
in effect.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby denies the appeal request and upholds the action of the City Manager
taken on February 2, 2012, to revoke the medical cannabis regulatory permit for
Cannahelp Corporation at 505 Industrial Place.
ADOPTED THIS 7T" DAY OF MARCH, 2012.
David H. Ready, C ager
ATTEST:
mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23099 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 March 7, 2012, by the
following vote:
AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tem Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Thompson, City Clerk q��toltojmes
y of Palm Springs, California