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Home My WebLink About01 DENIAL OF USE DETER 04-16-01AGENDA RE [ ._,RT i I I I I III III MEETING DATE' APRIL 16, 2001 TO' WILLIAM HUSTON, CITY MANAGER FROM' COMMUNITY DEVELOPMENT DEPARTMENT No. 01 04-16-01 ~..~, 600-20 SUBJECT' APPEAL OF PLANNING COMMISSION DENIAL OF USE DETERMINATION NOS. 00-001 AND 01-002 (14511 AND 14512 CARFAX DRIVE) I[I II I II I I IIII III III ! I I II I IIIII I SUMMARY On March 12, 2001, the Planning Commission denied Use Determination Nos. 00-001 and 00-002 finding that the uses that have been established at 14511. and 14512 Carfax Drive are not apartments and are boarding houses which require approval of conditional use permits. The applicant appealed the Planning Commission's decision. Applicant: Marc Kassoff Appellant: Marc Kassoff Owner:-Marc Kassoff RECOMMENDATION That the City Council continue the public hearing until May 7, 2001. BACKGROUND AND DISCUSSION On March 15, 2001, the applicant appealed the Planning Commission's denial of Use Determination Nos. 00-001 and 00-002. In accordance with Section 9294 of the Tustin City Code, if the City Council does not take any action within sixty (60) days of the date of the filing of the appeal, the Planning Commission's decision is final. Since the appeal was filed on March 15, 2001, staff recommends that the public hearing be continued until May 7, 2001, which would allow the City Council to consider the appeal prior to the Planning Commission's decision becoming final. Karen Peterson Senior Planner ccreport/estatescontinue.doc Elizabeth A. Binsack Community Development Director V • • S KEVIN E. ROBINSON Attorney at Law Karen Granoff Wellington Square Telephone: (714)245-0210 Certified Paralegal 970 West 17th St., Suite D Fax: (714)973-0244 Santa Ana,CA 92706 March 14, 2001 Elizabeth Binsack RECEIVED Director of Community Development CITY OF TUSTIN MAR 1 5 2001 300 Centennial Way COM , N DEVELOPMENT Tustin CA 92780 BY at Re: Use Determination Application Nos. 00-001 and 00-002 Appeal from the City Planning Commission Dear Ms. Binsack: This letter will serve as the appeal from the City Planning Commission to the Tustin City Council. On March 12, 2001 the City Planning Commission denied the Use Determination Applications numbered 00- 001 and 00-002 submitted by Marc Kassoff on behalf of S&K Properties, Inc., the owner of the properties located at 14511 and 14512 Carfax Avenue in the City of Tustin. The specific grounds for the appeal include but are not limited to the following: 1. The City Planning Commission adopted the staff report of the Planning Department. 2. The City Planning Commission failed to take into consideration the evidence presented at the hearing by the property owner. 3. The City Planning Commission failed to take into consideration the applicable federal laws, including but not limited to the United States Constitution, the Federal Fair Housing Act and the American Disabilities Act. 4. The City Planning Commission erroneously adopted the recommendation finding that the uses of these properties are a boarding house. 5. The City Planning Commission erroneously found that the uses of these properties are not as an apartment house. 6. The City Planning Commission and the City Planning Department failed to agree to a reasonable accommodation as required under the Federal Fair Housing Act. 7. The City Planning Commission and the Community Development Department are arbitrarily and capriciously discriminating against handicapped persons. e . • • March 15, 2001 Page 2 8. The City Planning Commission and the City Planning Department arbitrarily and capriciously applied an unconstitutionally vague and ambiguous zoning ordinance. 9. The City Planning Commission and the City Planning Department have deprived the owner of the _ property of its right to use this property and therefore it is an unconstitutional deprivation of property. 10. The City Planning Commission and the City Planning Department failed to consider the community support for the use of these properties. The fee of $125.00 for appealing this matter as represented by the Planning Department is enclosed herewith. Very truly ours fi KEVIN E. ROBINSON KER:kog cc: PACIFIC PARK RECOVERY CENTER C:\FILES\Pacific Park\APPEAL • • •I I. 1 r 4 tl l:i t 9 L( Ti,! tin I 360 rN4tenni'u1 IJaa l•I ... •. T1 =_tinf' (A 927811 !,, • I Thor sdu Mar Oh f 2Ilii.l. ..I; I h°_eiul No 0012839 rOh 5 bell I N+.;, 1114 .1 . ILFlN44NING', FEES Total I 1 n-1men1: 1 he _1t. ! a h: 4i15 1 r IA! .a 1 Chilli - II till , 117,,.,00.1:,..1.1 unineI KEVIN ROEINSON ' -I I cosh i n: 01 ;-i `ztotion: OJ.