CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
DATE: OCTOBER 24, 2023
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: REQUEST FOR REHEARING - DEVELOPMENT
APPLICATION NO. 2021-00218 FOR A CONDITIONAL USE
PERMIT RELATING TO THE ESTABLISHMENT OF A
PUBLIC CHARTER SCHOOL AT 2780 EAST WAGNER
AVENUE
ATTACHMENT (Y/N): YES ITEM # 06
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Motion, deny the request for a rehearing of the City Council’s decision on September 12, 2023, denying on appeal a conditional use permit (CUP) to permit a charter school with up to 480 students ranging from Transitional Kindergarten (TK) to 8th Grade at an existing church and pre-school site.
DISCUSSION:
On July 17, 2023, following a public hearing, the Planning Commission approved a CUP to permit a charter school with up to 480 students ranging from Transitional Kindergarten (TK) to 8th Grade at an existing church and pre-school site. Within the time prescribed by law, the Planning Commission’s decision was appealed to the City Council by Cecilia Flores (the “Appellant”).
At its meeting on September 12, 2023, the City Council held a public hearing to consider the action of the Planning Commission, to receive evidence and reports, and to provide all interested persons an opportunity to be heard. After consideration of all the information presented at the public hearing, the City Council denied the CUP on a 6-0 vote (Council Member Faessel recused), on the basis that not all of the criteria set forth in Anaheim Municipal Code Section 18.66.060 (Findings) of Chapter 18.66 (Conditional Use Permits) required for approval of a CUP were present. The grounds for the City Council’s denial are set forth in City Council Resolution No. 2023-079.
On October 6, 2023, the project applicant, Mr. Enrique Diaz, submitted a Request for Rehearing and Declaration of Merit (Attachment 1). The request for rehearing is prompted by Section 1.12.100 of the Anaheim Municipal Code, which provides that any person aggrieved by a decision made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion in the determination of facts is vested in the City Council, Request for Rehearing - Development Application No. 2021-00218 October 24, 2023
shall, as a prerequisite to seeking any judicial review or relief relating to such order or decision, request a rehearing of such matter by the City Council whenever certain specified grounds exist.
Specifically, the Anaheim Municipal Code lists four grounds for rehearing as follows:
1. That the City Council has proceeded without, or in excess, of its jurisdiction;
2. That there was not a fair hearing and the petitioner was thereby deprived of any rights;
3. That there was a prejudicial abuse of discretion by the City Council within the meaning of Section 1094.5 of the Code of Civil Procedure of the State of California; or
4. That there was relevant evidence which, in the exercise of reasonable diligence, could not have been produced by the petitioner, or which was improperly excluded by the City Council, at the hearing.
The project applicant’s Request for Rehearing and Declaration of Merit claims there was prejudicial abuse of discretion by the City Council. The Petitioner’s Statement of Facts in support of the rehearing request claims that the City Council’s denial of the CUP was not supported by substantial evidence in the record, and was based on “….speculative, irrelevant, anecdotal, and conclusory assertions presented by Project opponents.” In addition, the Petitioner states that the City Council ignored both Staff and the Planning Commission recommendations and findings.
However, on appeal, discretion in the determination of facts is vested in the City Council to make findings to approve, conditionally approve, or deny the application. Decisions regarding appeals remain subject to all applicable findings for the permit and use in question and, in this instance, the City Council analyzed the entire scope of the project application including the proceedings and conclusions of the Planning Commission. All plans, records, files, and other documents concerning the application were provided to the City Council including the appellant’s written appeal and testimony, the applicant’s written appeal response and testimony, and public testimony.
The City Council then exercised its independent judgment to determine that not all of the criteria set forth in Municipal Code Section 18.66.060 (Findings) of Chapter 18.66 (Conditional Use Permits) that are required for approval of a CUP were present, and thereby denied the CUP.
Based on the foregoing, Staff recommends the request for a rehearing be denied.
IMPACT ON BUDGET:
There is no budgetary impact. The project applicant paid the fee necessary to schedule this rehearing request, and the costs associated with processing the CUP, appeal, and rehearing are incurred by the project applicant.
Respectfully submitted,
Ted White
Director of Planning and Building
Request for Rehearing - Development Application No. 2021-00218 October 24, 2023
Attachments:
1. Request for Rehearing and Declaration of Merit from Enrique Diaz (Applicant)
2. City Council Resolution No. 2023-079