City Council
MEETING DATE: 12/10/2014
TITLE:
Title
Appeal of Planning Commission Approval of Conditional Use Permit 14-006 for Un Ejercito Para Cristo Church located at 28401 Date Palm Drive in Cathedral City.
End
FROM:
Pat Milos, Community Development Department
RECOMMENDATION:
Recommendation
Staff recommends that the City Council hear an appeal of the decision of the Planning Commission to approve a Conditional Use Permit; hold a public hearing; and then affirm, modify or reverse the Planning Commission decision.
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BACKGROUND:
Section 9.72 of the Cathedral City Municipal Code states that a "Conditional Use Permit is intended for those types of land uses which require special consideration because they possess unique characteristics or present special issues that make being a permitted use impractical or undesirable." The Conditional Use Permit process provides a mechanism for the Planning Commission and in the case of an appeal the City Council, to impose conditions to mitigate the potential negative impacts of a particular use. Typical conditions address impacts such as traffic, parking, noise, odors, light pollution, vibration, smoke or other concerns associated with the proposed use.
In this instance the Planning Commission approved a Conditional Use Permit.
In the appeal process, the City Council has several resources to draw upon in order to reach a conclusion about the merits of the application including, but not necessarily limited to:
1. The original Planning Commission staff report prepared for consideration by the Planning Commission (attached hereto)
2. The record of the Planning Commission meeting (minutes) of October 15, 2013 (attached hereto)
3. The official applications for an appeal filed with the Community Development Department (attached hereto)
4. Testimony of the applicant and the public at the public hearing
Once the City Council has had an opportunity to review the information listed above and held a public hearing, the City Council will need to deliberate on whether the decision of the Planning Commission should be affirmed, reversed or modified.
DISCUSSION:
On October 29, 2014 the Cathedral City Planning Commission approved Conditional Use Permit 14-006 for Javier Munoz to operate a church in a Neighborhood Business Park (NBP) District of Cathedral City. The Planning Commission approval was based on the Commissions concurrence with the staff report and the related Conditions of Approval (attached hereto) that were imposed by the Planning Commission and the applicant is obligated to satisfy each of the conditions. Following the approval of the Planning Commission, and within the 10 day appeal period, an appeal of the Planning Commission's decision was filed with the Deputy City Clerk.
In accordance with Section 9.72.080 of Title 9, Planning, Zoning, and Subdivisions of the Cathedral City Municipal Code, any person aggrieved or affected by the final determination of the Planning Commission concerning an application for a Conditional Use permit including any conditional requirement imposed on the project may appeal the decision within 10 calendar days. The Council may affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the Planning Commission.
The process for hearing the appeal is typically a summary of the situation by staff followed by testimony of the appellants. Following that testimony the City Council should open a public hearing and take comment from those in attendance. Following the hearing the City Council will take action on the appeal. The City Council has several options in relation to the appeal:
1. The City Council may affirm, in whole, the decision of the Planning Commission.
2. If the City Council finds that new or additional information has been discovered in the appeal process that may result in the Planning Commission reaching a different conclusion, the City Council may remand the application back to the Planning Commission with direction to consider the new or additional information.
3. The City Council may remand the application back to the Planning Commission with direction to further review specific elements of the proposal and impose conditions to mitigate the potential impact on the neighborhood.
4. The City Council may modify the approval of the Planning Commission to impose additional, fewer, modified conditions that the City Council finds will better mitigate the potential negative impacts of the proposal.
5. The City Council may reverse the decision of the Planning Commission and deny the Conditional Use Permit if the City Council finds the applicant is unwilling or unable to satisfy the conditions of approval.
FISCAL IMPACT:
None
ATTACHMENTS:
1. Public Hearing Notice of Appeal of CUP 14-006
2. Public Hearing Notice for Planning Commission CUP 14-006
3. Planning Commission Staff Report for CUP 14-006
4. Planning Commission Conditions of Approval for CUP 14-006
5. Minutes of the October 29, 2014 Planning Commission Meeting
6. Appeal of CUP 14-006 Appellant Documents