1991 AGN APR 02 I23 - Laserfiche WebLink

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TO: HONORABLE MAYOR and CITY COUNCIL Q FOR: Council Meeting of 02 April 1991 FROM: Jaime R. Aguilera, Director of Community Development4v-*, G SUBJECT: Appeal by Kencor, File Index Number D-65-90; Ref. TT 12201 BACKGROUND: E The Council remanded this item to the Planning Commission several weeks ago so that the Commission could review the City's legal position in this case. Staff met with our N Attorney, Mr. Scott Smith of Best Best & Krieger on December 20, 1990 and reported its findings to the Planning Commission in closed session. The Planning Commission subsequently asked staff to negotiate with Kencor an amicable solution to the problem. Staff held several meetings with the Planning Commission and on March 12, 1991 reported to the Planning Commission the settlement proposal in closed session. The Planning Commission concluded the closed session by finding in favor of the settlement. The Commission voted to recommend that the City Council accept the A following proposal in lieu of litigation: 1. The unit types will be changed from condominiums to attached single family dwellings. R 2. The number of units is reduced from 61 to 52. 3. The City would support the developers request that the Colton Unified School E District allow him credit for school fees paid at this location to be used at a second tract owned by the developer on Placid Lane. RECOMMENDATION: P Staff recommends that, at this point in the report, the public hearing be opened to allow public testimony and that after the public testimony is heard, the Council retire to closed session pursuant to Government Code Section 54956.9(a) pending litigation. Q When the Council reconvenes, staff will conclude the report. CITY MANAGER'S CONCURRENCE R CITY OF COLTON COMMUNITY DEVELOPMENT DEPARTMENT T PLANNING DIVISION 1 Attachment: Vicinity Map Resolution ..................2L Agenda Report CCT12201 PAGE 1 OF 1 '?3