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HomeMy WebLinkAbout02 P.C. DENIAL 10-15-01AGENDA REPORT MEETING DATE: OCTOBER 15, 2001 TO: WILLIAM HUSTON, CITY MANAGER 600-20 NO. 2 10-15-01 FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF PLANNING COMMISSION DENIAL OF USE DETERMINATION NOS. 00-001 AND 00-002 (14511 AND 14512 CARFAX DRIVE) 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. On April 16 and July 16, 2001, the City Council continued the appeal hearing at the request of the applicant. On June 18, 2001, the applicant submitted conditional use permits to establish boarding houses at 14511 and 1451~2 Carfax Drive. The applicant is requesting a continuance to February 5, 2002, to allow additional time for the processing of these conditional use permits. Applicant: Marc Kassoff Appellant: Marc Kassoff' Owner: Marc Kassoff RECOMMENDATION That the'City Council continue the public hearing on the appeal until February 5, 2002. 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. However, on April 16 and July 16,. 2001, the City Council continued the appeal hearing until October 15, 2001, at the request of the applicant. On June 18, 2001, the applicant submitted conditional use permit applications for two (2) boarding houses at 14511 and 14512 Can'ax Drive. The applicant is still in the procoss of complotin~ tho applications and is requesting a continuance until February 5, 2002, to allow additional time for staff review and Planning Commission consideration of the applications (Attachment A). City Council Report Appeal of Use Determination Nos. 00-001 and 00-002 October 15, 2001 Page 2 Karen Peterson Senior Planner Attachment A - Letter dated October 9, 2001 lizabeth A. Binsack Community Development Director ccreport/ud 00-001-2con ti n u e3.doc 10/09/01 13' 16 FA/ 1~102 KEVlN E, ROBINSON Att~ at Law 970 W~t l'Ah St,., hil~ D Teh~tme: ('714) 24s.a~o Fer.: October 9, 2001 VIA FACS~.~:- TO: 714/573-3113 Community Devel~mt Department C~ty of Tus~ 300 ~ Way Tustin C~ 92780 4:511 and 14512 C. arfzx, Tusdn, C.~_!i¢ornia Use Determlr~rm Pursuant to our conversations .and based on the fa~ th~ it appears that the Conditional U~e Pmnit app~m ~re on th~ way to approval, and we believe it is in-the best interest of the City of Tustin and my client Pacific Park that the aPPeal to th~ City Council be continued, Therefore we are eskinB that the appeal to the City Council on the Use Detemination Al~lic~on be oontinu~ for appmximat~ 120 days until l~ebrua~ ~, 2002. This should allow for the CUP process to be completed. If you bye any question~ please feel free to comaot my office.