1999 AGN OCT 05 I02 - Laserfiche WebLink

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CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF OCTOBER 5, 1999 TO: Honorable Mayor and City Council APPROVAL: He T. Garcia, ' y Manager FROM: a Community De elop nt Director SUBJECT: An Appeal by Transportation Terminals/Vanir Development to the City Council regarding three Conditions of Approval by the Planning Commission for File Index Number D-39-99. DATE: September 27, 1999 BACKGROUND: On August 24, 1999, the Planning Commission considered and approved a request from Transportation Terminals/Vanir Development for project approval for File Index Number D- 39-99. After receiving public testimony, the Commission considered and approved the applicant's request, with conditions. Attached are the Minutes of the Planning Commission Meeting of August 24, 1999, (Attachment A). Upon approval by the Planning Commission, the applicant was informed of the ten-day appeal period. On September 2, 1999, the applicant filed an official appeal (Attachment B) of the Commission's Conditions of Approval, Items Miscellaneous No. 10, Grading No. 4, and City Engineer No. 5. A copy of the Conditions of Approval are included herein (Attachment C). DISCUSSION/ANALYSIS: On August 24, 1999, the applicants expressed their concern to the Planning Commission about the possibility of removing certain conditions. The applicant is aware that the three conditions they are appealing may prevent their proposed project from moving forward with the construction of their project. Because of this, they are requesting that the Council approve their appeal and remove Miscellaneous No. 10, Grading No. 4, and City Engineer No. 5 from the Conditions of Approval for File Index Number D-39-99. The Council should be aware that pursuant to Section 21080(8) of the Public Resources Code, an applicant is permitted to challenge a CEQA condition. However, if the condition is set aside by the City, the City's prior approval of the Negative Declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be re -approved. Item #2