1997 ADJ MIN FEB 24 - Laserfiche WebLink

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CONSENT CALENDAR Regulating Adult Uses - Ordinance No. 0-02-97 City Attorney Biggs presented to Council request to waive full reading and pass second reading on ordinance regulating adult uses and repealing and replacing certain sections of the Colton Municipal Code regulating adult uses. She reported that a Public Hearing was held last week and Council approved first reading of this ordinance as well as the resolution submitted by the Planning Commission outlining the findings of the Commission which then became the findings of the Council. Specifically these findings are as follows: The Ordinance is consistent with the intent and guidelines of the General Plan; General Plan Land Use Designation, Goals, Policies and Objectives of the General Plan; consistent with the Zoning Ordinance; the Ordinance will not have a negative effect on the environment and warrants a Negative Declaration; and the Ordinance will not have a potential for any adverse effect on wildlife resources or the habitat upon which wildlife depends as a result payment of Fish and Game Department Filing Fees are not warranted are required in conjunction with the project. The attorney's handling this matter for the City have suggested the City Attorney's Office be directed to prepare a resolution to that effect as well as whatever action is taken this evening should Council approve second reading. Roger Diamond, Attorney representing Club 215, also present were Albert Gibboney and Todd Gibboney the principals of Club 215, spoke against approval of the Ordinance listing the following reasons: Federal Trial has been continued to April 27, 1997, allowing Council more time to deliberate this issue; shared photo's of how property looked compared to its present state; no complaints have been filed by citizens, police or neighbors; monies are being spend needlessly by both the City and the present owners; no harm is intended by the owners of the business; no ugly signs will ever be put up; and area where the business is located is zoned as an M-1 rather than an M-2, however, it borders on the M-1 zoning area. Councilmember Hutton responded that numerous complaints have been received by surrounding property owners as well as the nearby Day Care Center and made the motion to waive full reading and pass second reading of Ordinance No. 0-02-97. Second by Councilmember Cook. City Attorney Biggs clarified that this ordinance does not respond to the litigation but established controls that will be applied city-wide that establishes new regulations that conform and bring forward the City's ordinance to current standard in the municipal field. Attorney Roger Diamond requested permission to respond and one minute was allowed for his comments. City Attorney Biggs indicated that this vote also includes: the findings read earlier; the authorization for the approval of the Negative Declaration; and the resolution to be prepared by staff. Motion carried with Hutton, Cook, and Chastain voting YES, Mayor Gaytan abstaining due to potential conflict and Councilmember Sandoval, Bennett, and Sanders absent. ORDINANCE NO. 0-02-97 AN ORDINANCE OF THE CITY OF COLTON REGULATING (Second Reading) ADULT USES AND REPEALING AND REPLACING CERTAIN SECTIONS OF THE COLTON MUNICIPAL CODE REGULATING ADULT USES 2