(1)AR 012609 Del Rio Appeal - Laserfiche WebLink

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CITY OF COLTON AGENDA REPORT FOR THE SPECIAL COUNCIL MEETING OF JANUARY 26, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Zamora, Community Development Director SUBJECT: Appeal of the Colton Planning Commission's Revocation of File Index Number (Conditional Use Permit No.) DAP -000-262, Del Rio Convention Center, Night Club, Restaurant, and Banquet Facility. DATE: January 22, 2009 BACKGROUND: On March 4, 2004, Colton Holdings, LP (the "Applicant"), submitted a Development Application requesting approval for Architectural and Site Plan Review, Environmental Assessment, and a Conditional Use Permit (CUP) for the construction and operation of an 87,500 SF convention center, night club, restaurant, and banquet facility on vacant property located at 1550 Fairway Drive ("project site"). The proposed activity was processed as File Index Number DAP -000-262 and become commonly known as the Del Rio Project. The Del Rio Project was reviewed and approved by the Design Review Committee on June 21, 2004. The proposed project was considered and approved by the Planning Commission on August 24, 2004. Subsequent to the Commission's approval, the Applicant conveyed the project site to Kalama Development, Inc. Colton Holdings, LP was under the direct control of Shry-Jin "Jim" Tsay, and Kalama Development, Inc. is also under direct control of Mr. Tsay. On November 1, 2004, Kalama Development, Inc. filed a Modification to the CUP requesting approval to extend the approved hours of operation and to expand events at the proposed facility (File Index Number DAP -000-370). The CUP Modification was reviewed and approved by the Design Review Committee on January 18, 2005; and was subsequently considered and approved by the Planning Commission on February 22, 2005. Mr. Tsay, on behalf of Kalama Development, Inc., signed the Acknowledgement of Conditions of Approval on March 3, 2005, The approved Conditions of Approval for the CUP and the Modification require that the applicant comply with the Condition pertaining to "Expiration" of the project, that states, "This approval shall be null and void one (1) year from date of approval if building permits or approved activity has not occurred within twelve (12) months of approval." Staff determined that the approved project expired because Kalama Development, Inc. did not comply with the "Expiration" Condition of Approval and subsequently recommended the Planning Commission revoke the Conditional Use Permit. On November 11, 2008, the Planning Commission revoked the Conditional Use Permit Number (DAP -000-262) that had been approved for the Del Rio Convention Center, Night Club, Restaurant, and Banquet Facility. The Commission approved and adopted Resolution Number R- 06-08 to that effect, determining that the Applicant failed to comply with certain Conditions of Approval and also failed to request an extension of time within one (1) year of the date of approval