Application for Appeal
CENTRAL VALLEY - SIERRA ASSOCIATES, INC. #>3-0/
[email protected]
Email
Appealing to:
Planning Commission
Ig City Council
$605.00
APPLICANT:
BY: I
JUL 1'42023
6/0
Community Development Department
1 Plaza, PO Box 667
Patterson, CA 95363
Ph. 209.895.8020
Fax 209.895.8019
www.ci.patterson.ca.us
Decision You Are Appealing:
(1) Decision by Planning Commission to revoke Conditional Use Permit No. 17-21 ("CUP") for failure to comply with conditions of approval; and
(2) Recommendation to City Council to adopt an ordinance confirming termination of the Development Agreement ("DA") between City and Catalyst, and authorizing the recording of a notice of termination of the DA.
Specific Action Appellant Wants Taken:
( 1 ) Reverse the Planning Commission's decision to revoke the CUP; (2) Ignore the recommendation to adopt an ordinance confirming termination; and (3) Instruct City Staff to engage in good faith talks with Appellant to (i) settle any outstanding issues, and (ii) amend the DA to replace the onerous financial obligations of Section 4.2 with the requirement to pay taxes solely with respect to the gross receipts of the cannabis business in accordance with the voter-passed initiative, Measure Y.
What are the grounds in which the Appellant relies in taking the appeal:
(1) The Planning Commission's decision to revoke the CUP hinges on the finding of breach of the DA, which must be determined by the City Council; (2) the breach in question relates to an Section 4.2 of the DA, which is unenforceable by reason of being: (i) an unconstitutional tax, an unconstitutional taking in violation of the Fifth Amendment, and against public policy against predatory and unconscionable terms; and (3) because Section 4.2 is an unenforceable provision of the DA, the City Council cannot find that the Appellant is in breach of its obligations for failing to abide by such provision.
FEE:
Applicant Name
100 W LAS PALMAS AVE, PATTERSON, CA 95363
Add ress/City/State/Zip:
909 210 7031
Phone Number
DATE:
CDD/PLANNING DIVISION
I
WARNING: THIS DOCUMENT HAS SECURITY FEATURES IN THE PAPER 52861209
DOLLARS
Void After 180 Days
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To: City of Patterson
TO THE
ORDER
OF
City of Patterson
1 Plaza
Patterson, CA 95363
52861209
07/14/2023
Central Valley - Sierra Associates
100 W. Las Palmas Suite H
Patterson, CA 95363
07/14/2023
Reference GE05V3298ORD
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