(1)AR 012609 Del Rio Appeal - Laserfiche WebLink

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City Council Meeting — January 26, 2009 Appeal of Planning Commission Revocation of CUP Del Rio Convention Center Page 2 of 3 of the project in order to exercise the approved land use entitlement. THE APPEAL: By ordinance, the City was required to hear the appeal within forty (40) days of the date the appeal was received. On November 24, 2008, the Applicant appealed the Planning Commission's decision. In accordance with Section 18.58.070 of the Colton Municipal Code, the City Clerk agendized the Public Hearing for December 16, 2008, as the end of the forty day time period would have been January 3, 2009, and no other meetings were scheduled between December 16, 2008 and January 3, 2009. It was Staff's recommendation that due to the nature of this project a Special Meeting should be held to consider the appeal. Initially, both the Appellant and staff's attorneys stipulated to having a Special Meeting to consider the matter for December 23, 2008. Staff's attorney was then notified that the Appellant's counsel would be engaged in a federal trial of uncertain duration; both parties then stipulated to moving the Special Meeting from December 23, 2008 to January 7, 2009. When staff's attorneys contacted the Appellant's counsel to give notice and confirmation of the Special Meeting for January 7, 2009, Staff's counsel was at that time notified that, contrary to prior communications with Staff's counsel, the Appellant's counsel was unavailable for the January 7 meeting. Both parties then stipulated to again rescheduling the Special Meeting for the date of January 26, 2009 at 6:00 P.M. in Colton Council Chambers. On December 16, 2008, the City Council Opened and "Continued" the Public Hearing to January 26, 2009, as requested by the attorneys for Kalama Development, Inc. FISCAL IMPACT: Unknown at this time. ENVIRONMENTAL IMPACT: The Planning Commission adopted a Negative Declaration for the Project on August 24, 2004, pursuant to the California Environmental Quality Act (CEQA). APPLICANT/APPELLANT: Shyr Jin Tsay Kalama Development, Incorporated c/o Law Offices of Phillip K. Fife 3662 Katella Avenue, #211 Los Alamitos, CA 90720-6405 RECOMMENDATION: Staff recommends the City Council adopt the attached Resolution upholding the Planning Commission's revocation of the Conditional Use Permit. Attachments: 1. Letter of Appeal from the Applicant