HomeMy WebLinkAbout- - PA-10-15 Continuation Request - 9/7/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 7, 2010 ITEM NUMBER:
SUBJECT: APPEAL OF PLANNING APPLICATION PA -10-15
3183 RED HILL AVENUE
DATE: SEPTEMBER 7, 2010
FROM: DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: MINOO ASHABI, SENIOR PLANNER
KIMBERLY BRANDT, DIRECTOR
FOR FURTHER INFORMATION CONTACT: MINOO ASHABI, (714) 754-5610
mashabi(@el.costa-mesaxa.us
RECOMMENDATION:
Staff has not communicated with the property owner on this request, therefore, the
requested continuance is at discretion of the City Council.
DISCUSSION:
Staff has received a request from the appellant on September 3, 2010 for a continuance
to allow more time for negotiation between property owners of 3183 Red Hill Avenue and
3187 Red Hill Avenue. Staff has not received concurrence from the property owner of
3183 Red Hill Avenue (applicant) to continue the hearing to a later elate.
MINOO ASHABI. AIA J KIMBERLY BRANDT, AICP
Senior Planner Development Services Director
DISTRIBUTION: City Manager
Asst. City Manager
City Attorney
Asst. Dev. Svs. Director
Public Services Director
Transportation Svs. Mgr.
City Clerk (2)
Staff (4)
Planning Staff (8)
File (2)
Scott vonKaenel
Lundstrom and Associates
2923 Pullman Street, Suite A
Santa Ana, CA 92705-5818
David Spiegel
Spiegel Development, Inc.
228D1 Ventura Blvd. Suite 111
Woodland Hills, Ca 91354
Matthew R. Fogt
Allen Matkins Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5'n floor
Irvine, CA 92614-7321
ATTACHMENT: 1. Continuance Request
I File: I Date: j Time:
ASHABI, MINOR
From: Fogt, Matthew [mfogt@allenmatkins.comj
Sent: Friday, September 03, 2010 2:56 PM
To: ASHABI, MINOO
Cc: Mary; Condas, John; Kathe Morgan
Subject: RE. 3183 and 3187 Red Hill, Costa Mesa, Ca.
Minoo:
Per our conversation today, please continue the appeal on the above referenced matter for as long as
possible (indefinitely if possible, January if not, but no earlier than October) so that we have sufficient
time to work out a solution with the church and the property owner. We have had preliminary
discussions with the church and believe we can work out a solution to avoid the appeal. However, we
ultimately need the property owner's consent and the property owner is unwilling to spend a lot of time
and resources on a solution for the church when the church is not even under contract. The long
continuance is justified by the odd situation where the applicant is not currently under contract on the
property (and instead another buyer is under contract). We would be willing to accelerate the delayed
appeal date in the event the church later went under contract and a solution could not be reached.
We are optimistic that the appeal can ultimately be withdrawn either because we work out a solution in
the event the church goes under contract or because the church never obtains the property. In any
event, we need additional time to let things play out before proceeding with the appeal. Forcing the
appeal to be heard when another party is under contract on the property needlessly wastes the time
and resources of our client, the church, and the City Council.
Please contact me with any questions.
Best regards,
Matt
Matthew Fvgt Eso.
Allen Matluns Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor, Irvine, CA 92614-7321
(949) 851-5453 (direct)
(949) 241-4043 (Cell)
(949) 553-8354 (fax)
www.allenmatkins.com
Allen Matki ns
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