2014-12-16 Regular Council Meeting Minutes (20150120) SIGNED

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(11) Set a Public Hearing for January 20, 2015 to Consider the Proposed Amendments to Chanter 13.08 of the Municipal Code relating to Wastewater - Set a public hearing for the meeting January 20, 2015 to consider Amendment to Chapter 13.058 of the Municipal Code relating to Wastewater Rules and Regulations and to Incorporate Revisions to the General Pretreatment Regulations. (12) Colton Quiet Zone Project — Approve Amendment No. 2 to the Cooperative Agreement for the Colton Quiet Zone Project between the City of Colton and the San Bernardino Associated Governments (SANBAG). (13) Contract Award to TSR Construction and Inspection — Authorize the award of construction contract for the Washington-Reche Canyon Intersection Improvement Project to TSR Construction and Inspection as the lowest responsive and responsible bidder in the amount of $174,310. (14) Notice of Completion - Alleys Paving Project — Authorize the execution and recordation of the Notice of Completion for the Alleys Paving Project. PUBLIC HEARING (15) Appeal — DAP -001-136/190 — Carwash TIME AND PLACE FIXED TO CONSIDER APPEAL OF DENIAL OF CENTERPOINTE CAR WASH BEER & WINE. AN APPEAL TO THE CITY COUNCIL REGARDING THE PLANNING COMMISSION'S DECISION (FILE INDEX NO.: DAP -001-136) TO DENY: CONDITIONAL USE PERMIT (CUP) FOR THE SALE OF ALCOHOL, AS A NEW ABC LICENSE TYPE 20 -OFF -SALE BEER & WINE, AND A DETERMINATION REGARDING PUBLIC CONVENIENCE OR NECESSITY (PCN) AT AN EXISTING CAR WASH/GASOLINE SALES/CONVENIENCE MARKET USE ("CENTERPOINTE CAR WASH") LOCATED AT 1140 SOUTH MOUNT VERNON AVENUE (ASSESSOR PARCEL NUMBER 0276-144-01) ON A 0.89 -ACRE PARCEL WITHIN A 28 -ACRE SHOPPING CENTER ("CENTERPOINTE PLAZA") ON A NINE (9) PARCELS ZONED C-2, GENERAL COMMERCIAL, ASSESOR PARCEL NUMBERS (APNO: 0276-144-01; 02; 03; 04; 05; 06; 07; 08; AND 38. (APPELLANT: TEJAS MODI, CENTERPOINTE CAR CARE, LLC) Mayor DeLaRosa announced the Public Hearing Open. City Clerk Padilla submitted the Affidavit of Publication and there were no reports of protests or objections thereto. Mario Suarez, Senior Planner introduced Jay Jarrin, Senior Planner who gave the details of the Project. Senior Planner Jarrin announced the item is an Appeal of Denial of Request for Beer and Wine and the request specifically to overturn the denial by the Planning Commission. On October 14, 2014 the Planning Commission action denied the Conditional Use Permit (CUP) for the sale of beer and wine; and Public Convenience or Necessity (PCN) as required by State Law due to "undue concentration" of licenses in census tract. Senior Planner Jarrin presented for Council consideration a PowerPoint Presentation including Aerial Photo's; photo shots from different angles around the business; photo shots inside the business and doorway entrances; outlined the Proposal; findings required for CUP; Analysis with diagrams; Planning Commission listed findings of no public necessity and no public convenience; and final decision of Planning Commission by Resolution to deny CUP/PCN. Outlined in the PowerPoint in detail from the Applicant were the four points to the contrary as to the analysis of the Planning Commission: (1) Not primarily a car wash — also a convenience market and 2014 DECEMBER 16 REG CC/$ARDA/CUA/CPFA/CHA MEETING - 6 -