City Council
MEETING DATE: 1/12/2015
TITLE:
Title
Appeal of Planning Commission Determination of Incompleteness on Conditional Use Permit Application for Green Connect/PSO Medical Marijuana Dispensary located at 36-777 Sunair Plaza in Cathedral City
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FROM:
Nicholas Hermsen, Deputy City Attorney
RECOMMENDATION:
Recommendation
The City Attorney's office recommends that the City Council hear an appeal of the decision of the Planning Commission determining that the Dispensary Conditional Use Permit application was incomplete and then affirm the decision of the Planning Commission.
Body
BACKGROUND:
A. The Newly Enacted Ordinance and Planning Commission Determination
The City Council recently enacted a new ordinance which allows three medical marijuana dispensaries to open and operate in the City, subject to a Conditional Use Permit ("CUP"). (The full ordinance is found at Cathedral City Municipal Code ("CCMC") chapter 9.108). Under the ordinance, a deadline was established to submit a CUP application to the City, after which a lottery was held to determine in which order the applications would be processed. A total of 24 applications were received, the lottery was held, and each of the applications has been ranked.
The instant application for Green Connect/PSO is for the third-ranked application under the lottery. The proposed location is 36-777 Sunair Plaza. The matter was considered by the Planning Commission on November 5, 2014, which determined that the proposed application was incomplete because the proposed location is less than 250 feet from East Palm Canyon Drive, which is prohibited by CCMC section 9.108.060(A).
The administrative record for the Planning Commission meeting is attached to this staff report, including: (a) The Planning Commission Staff Report; (b) The application; (c) a map showing the distance of the proposed location from East Palm Canyon Drive; (d) The Planning Commission Agenda; and (e)...
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