Appeal Request Form This Form and Appeal
Phone - (760) 770-0340 filing fee both must be
Fax - (760) 202-1460 received before appeal
E-mail - [email protected]
68700 Avenida Lalo Guerrero - Cathedral City, CA 92234 can be processed Cathedral City
Name and Addresses of Person Filing Appeal ("Appellant") Mr. Ralph Deppisch, Sage Victoria CC, LLC
Name:
4340 Von Karmen Avenue #110
Address:
Newport Beach, CA 92260
Email: [email protected]
Phone: (949) 705-0426
Case No.: Conditional Use Permit No. 21-016
Project Address: Southeast Corner of Date Palm Drive and Victoria Drive Planning Commission Hearing Date: July 20, 2022
Grounds upon which this appeal is based are: See Attached The City Council is hereby asked to: Reverse the Denial of the Planning Commission Action of July 20, 2022.
RECEIVED
CITY OF CATHEDRAL CITY
**Filing fee for the appeal is $1,000.00. PLANNING DEPARTMENT Date 7/28/22
Date Appellants signature SAfe laves co
City Clerk Use Only:
DATE FILED: WAS APPEAL FILED TIMELY? DATE APPEAL PAID: DATE OF APPEAL HEARING:
729|2022 YES NO 7|29|2022
Grounds for Appeal of Planning Commission Denial of Conditional Use Permit No. 21-016 Sage Victoria CC, LLC ("Applicant"') appeals the July 20, 2022 Planning Commission denial of Conditional Use Permit No. 21-016 ("Project") on the following grounds:
1. The Project satisfies all of the required findings under Cathedral City Municipal Code Section 9.72.010, as confirmed in the City's Staff Report (Packet pp. 7-8). These findings include (i) that the proposed gas station use at this location is one for which a CUP is authorized, (ii) the Project complies with the development standards and requirements of the Planned Community Commercial (PCC) zoning district and approved Specitic Plan No. 90-43A, (ill) the Project complies with the goals and objectives of the Specific Plan including enhancing traffic safety by minimizing direct access to Date Palm Drive, (iv) the Project is a desirable development for the community, is in harmony with the General Plan, and is not detrimental to existing and permitted uses in the community, (v) the Project site is adequate in size and shape to accommodate the proposed use and the City has reviewed and imposed conditions to ensure compatibility with existing and proposed uses, (vi) the Project site relates properly to streets and highways which are designed to accommodate and have adequate capacity for the Project's traffic, and (vii) the Applicant has agreed to comply with all conditions of approval proposed by the City.
2. Approved Specific Plan No. 90-43A specifically permits gas station use on the Project site with an approved conditional use permit.
3. The Architectural Review Committee reviewed the Project and recommended approval with no changes.
4. The Project meets or exceeds all applicable health and safety requirements, including all air quality standards, construction, maintenance and monitoring requirements, and setbacks from residential uses.
5. As confirmed in the City's Staff Report (Packet p. 10), the Project will not result in any significant effects in relation to traffic, noise, air quality, or water quality. This determination by City Staff is further supported by noise and traffic studies completed for the Project.
6. The Applicant has agreed to all conditions of approval proposed by the City, including limiting the hours of operation to 5 a.m. - 9 p.m., prohibiting the sale of alcohol, funding improvements to an existing traffic signal, improving and dedicating additional rights-of- way to the City, and compliance with all City standards, specifications, and easements.
7. Modifications to the Project have been made in response to City and community input, including a reduction in the number of pumps from 6 to 5, the addition of a landscape and lighting plan, and a modification of the hours of operation.
8. As explained by the Applicant at the Planning Commission hearing, the addition of the proposed Food 4 Less gas station will improve the long-term financial viability of the existing and affiliated Food 4 Less grocery store across the street by drawing additional customers to the grocery store and by capitalizing on brand loyalty programs.
9. The Project will enhance the City's economic base by increasing sales tax revenues through both sales at the Project and increased sales at the affiliated Food 4 Less grocery store.
10.211 community members, including more than 80 confirmed residents of the City of Cathedral City, submitted petitions in support of the Project.
11. All four members of the Planning Commission acknowledged on the record that the Project meets all of the City's requirements for issuance of Conditional Use Permit No. 21-016. Nevertheless, the Planning Commissioners voted to deny the Project on the stated grounds that the Commissioners did not feel that the Project would benefit the community and that under the City's Municipal Code, the Planning Commission has the discretion to deny the project. The Planning Commission took this action without any substantial evidence in the record that contradicts the clear findings set forth in the Staff Report that the Project complies with the requirements of Municipal Code Section
9.72.010. This constitutes a violation of Municipal Code Section 9.72.040, as well as a clear abuse of discretion by the Planning Commission.
12. The City's Council has authority under the Municipal Code to independently review the Project application, Staff Report, and full record of proceedings, and exercise its independent judgment on whether the Project meets the requirements for issuance of the requested Conditional Use Permit. Accordingly, the Applicant requests that the City Council follow the recommendation in the July 20, 2022 Staff Report, as well as the recommendation of the Architectural Review Board, to approve the Project. 2