PURPOSE

To consider whether to hold an in-lieu appeal of the decision of the Planning Board approving Conditional Use Permit No. 2002-6, Sign Variance No. 2002-1 and Development Review No. 2002-12 for a Proposed Home Depot store at 1200 S. Flower Street. 

Council Member Jef Vander Borght requested that Council consideration of an appeal be placed on the Council agenda.

DISCUSSION

On March 1, 2004, the City Planning Board adopted the following two resolutions:  (1) Resolution No. 2921 which certified the Environmental Impact Report, made findings with respect to each environmental effect of the project, adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring Program, and (2) Resolution No. 2922, which approved Conditional Use Permit No. 2002-6, Sign Variance No. 2002-1, and Development Review No. 2002-12.  The two Planning Board resolutions are attached.

The Planning Board�s approval, unless appealed, permits the development of a home improvement store with an outdoor garden center.  If the matter is heard on appeal, the Council will have to adopt its own findings and statement of overriding considerations if it wishes to approve the project. 

The Municipal Code establishes a 15-day appeal period following the applicant�s receipt of a signed copy of the Planning Board�s resolution approving the project. The applicant received a signed copy of the resolution on Thursday March 4, and therefore the 15 day appeal period began on March 4 and will end on Friday March 19.

If the City Council wishes to hear the appeal of the Planning Board�s decision to approve the entitlements for the proposed Home Depot store, the applicant has requested that the item be scheduled as soon as possible.  The first available date will be April 13, 2004, and staff can support that date.

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