File #: 2017-76    Version: 1 Name:
Type: Staff Report Status: Agenda Ready
File created: 2/13/2017 In control: City Council
On agenda: 2/22/2017 Final action:
Title: Appeal of Planning Commission Denial of Conditional Use Permit 16-007 for Sunshine Coast Wellness, 28201 Date Palm Drive, Suite B&C
Attachments: 1. CUP 16-007 PC Hearing Notice, 2. CUP 16-007 staff report, 3. CUP 116-007 continuence Staff Report, 4. CUP16-007 Conditions of Approval (11-2-16), 5. CUP 16-007 Site Plan, 6. CUP16-007 Floor Plan Revised2, 7. MCL 16-012-D MCL suspension response letter Sunshine Botanicals, 8. MCL 16-012-D Modified Floor Plan, 9. MCL 16-012-D Modified Stamped Certified Survey, 10. MCL 16-012-D reinstatement letter, 11. MCL16-012, Local License Certificate, 12. 10-19-16 PC Minutes, 13. 11-2-16 PC Minutes, 14. Allen Cooper Appeal 11-14-16, 15. CUP 16-007 CC Appeal Public Notice
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City Council

MEETING DATE: 2/22/2017
TITLE:
Title
Appeal of Planning Commission Denial of Conditional Use Permit 16-007 for Sunshine Coast Wellness, 28201 Date Palm Drive, Suite B&C
End

FROM:
Pat Milos, Community Development Director

RECOMMENDATION:
Recommendation
Staff recommends the City Council hear an appeal of the decision of the Planning Commission to deny a Conditional Use Permit; hold a public hearing; and then affirm, modify or reverse the Planning Commission decision.
Body


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 denied 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 (Attachment 2)
2. The record of the Planning Commission meeting (minutes) of October 19, 2016 (Attachment 7) and November 2, 2016 (Attachment 8)
3. The official applications for an appeal filed with the Community Development Department (Attachment 9)
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 Cou...

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