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

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gasoline sales; (2) More than adequate lighting; (3) Adequate security and employees; and (4) Adequate parking and walkways. In conclusion: (a) Appellant's argument does not address the main basis for denial: overconcentration, and the lack of finding for public convenience or necessity required by State Law; (b) No compelling reason to overturn Planning Commission decision; and (c) Uphold the appeal to approve the CUP and PCN: required preparation of findings and conditions — continue hearing to January 20, 2015. Therefore, Staff s Recommendation is to approve and adopt a Resolution of the City Council of the City of Colton denying an appeal and upholding the denials by the Planning Commission as titled above. PUBLIC COMMENT Fawal Saif (spoke supported the Planning Commission decision). Jill Singer -Feil (spoke supporting the Planning Commission decision) Richard Feil (spoke supporting the Planning Commission decision) Christina Irish -Re (spoke supporting the Planning Commission decision) Dick Evitt, Real Estate Broker, Consultant to Applicant (spoke in support of the application) Pranav Modi, Applicant (spoke in support of the application) Motion and Second by Mayor DeLaRosa/MPT Suchil to close the Public Hearing. No opposition to the motion. Unanimous Vote. Discussion between Councilmembers/staff /legal counsel/applicant Tejas Modi; items were outlined to be addressed as they relate to the CUP and the PCN to be used for possible determination to go forward on the application: 1) Bus Stop update: Bus Stop is to be removed from in front of the Carl's Jr. 2) Take out the flood lights and put in LED lights as this will improve illumination. 3) Require two employees at all times during business hours for safety reasons. 4) Approve the application on a one year condition basis and reevaluate conditions: detriment to the area; negative impact; i.e. excessive calls by Police Department then permit is to be pulled and returned to the previous conditions of approval. 5) Grandfather the existing parking spaces as the business is not changing the way of doing business. 6) In the event that the mini mart increases business and the car wash is no longer needed the applicant will need to reapply for a new CUP as the business is first and foremost a car wash. 7) Business is a public convenience to residents and gives a business an opportunity to succeed. 8) Rethink the formula used for over -saturation and apply equally. 9) Property Maintenance issues: Signage, painting of parking spaces, and handicap parking (ADA compatible) all need to be clearly marked. 10) Pros and Cons as to no benches in the sitting area of business as required of other similar businesses in the area. 11)Find legitimate findings for liquor license (Type 20 ABC License) requested as it relates to public convenience. 12) Twelve month review with the findings as outline by MPT Suchil, CM /Bennett, and CM Toro. 13) Wiring in the office (security video display) area is a fire hazard and needs to be addressed. 14) Lack of visibility of the overall business from the street. 15) Pros and Cons as to speed bumps or slow down indicator to slow the traffic that is entering for car wash/gas services. 2014 DECEMBER 16 REG CC/SARDA/CUA/CPFA/CHA MEETING - 7 -