Legislation Details

File #: 2014-240    Version: 1 Name: Appeal of granting of CUP and CEQA Exemption for Medical Marijuana Dispensary (Green Cross Pharma)
Type: Staff Report Status: Public Hearing
File created: 12/31/2014 In control: City Council Special Meeting
On agenda: 1/12/2015 Final action:
Title: Appeal of: Planning Commission (1) Decision Granting Conditional Use Permit Number 14-011 to Green Cross Pharma located at 68730 Summit Drive in Cathedral City; and (2) Decision Granting CEQA Exemption for same
Attachments: 1. Attachment 1- PC Agenda Report.pdf, 2. Attachment 2- CUP 14-011 Amended Conditions of Approval.pdf, 3. Attachment 3- CUP Application.pdf, 4. Attachment 4- Ltr re CUP application.pdf, 5. Attachment 5- CUP 14-011 Site Pictures.pdf, 6. Attachment 6- Objection Letter to CUP 14-011.pdf, 7. Attachment 7- 12-17-2014 PC Meeting Agenda.pdf, 8. Attachment 8- Public Hearing Notice.pdf, 9. Attachment 9- 14 12-24 LTR Hermsen CityCouncil Appeal Final.pdf, 10. Attachment 10- Public Hearing Notice (12 30 14).pdf, 11. Attachment 11- 2015-01_09_Scagliotti_Ltr Re Opp to Appeal of Grant of CUP-Signed, 12. Attachment 12- 2015-01_09_Scagliotti_Ltr Re Opp to Notice of Appeal of Finding Incompleteness, 13. Attachment 13- PC Meeting Records, 14. Attachment 14- Scagliotti BRE File
City Council

MEETING DATE: 1/12/2015
TITLE:
Title
Appeal of: Planning Commission (1) Decision Granting Conditional Use Permit Number 14-011 to Green Cross Pharma located at 68730 Summit Drive in Cathedral City; and (2) Decision Granting CEQA Exemption for same
End

FROM:
Charles R. Green, City Attorney
Nicholas Hermsen, Deputy City Attorney

RECOMMENDATION:
Recommendation
Staff recommends that the City Council hear an appeal of the decisions of the Planning Commission (1) Determining that the application for Conditional Use Permit Number 14-011 for Green Cross Pharma is complete; (2) Granting of Conditional Use Permit Number 14-011 to Green Cross Pharma; and (3) Granting CEQA Exemption same; hold a public hearing; and then uphold the Planning Commission Decisions on all issues, based upon the findings contained in this Staff Report and upon any oral findings made by the City Council.
Body


BACKGROUND:

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 ordinance regulating medical marijuana dispensaries is codified at CCMC chapter 9.108, the "Ordinance")). Under the Ordinance, a deadline was established to submit a complete CUP application to the City by 2:00 p.m. on September 23, 2104, 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 at 2:15 pm on September 23, 2014, and each of the applications has been ranked.
The instant application for Green Cross Pharma is for the first-ranked application under the lottery ("Proposed CUP"). The proposed location is 68730 Summit Drive. The matter was considered by the Planning Commission on December 17, 2014. At that time, the Planning Commission: (1) Found the application itse...

Click here for full text