2002 CC/RDA/CUA REG MIN Jun 04 - Laserfiche WebLink

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CEREMONIAL MATTERS: Presentations, Awards, Proclamations ➢ Presentation - California Retired Teachers Association, Albert Gomez, President presented a simulated check for $402,952.12 that equals 19, 685 volunteer hours. ➢ Proclamation - Mayor Bennett presented a Proclamation for Outstanding Crossing Guards of the Year to Natalia Morales and Deborah Sygiel PUBLIC HEARING ADDeal — Jack in the Box This was the time and place fixed to consider an continued public hearing from May 21, 2002, appeal of the Planning Commission denial of the Design Review, Environmental Assessment, Conditional Use Permit, and Major Variance for a proposed 2,561 S.F. drive-thru Jack-in-the- Box Restaurant to be located on the east side of Iowa Avenue between the Days Inn Hotel and the Yum Yum Restaurant (File Index Number DCV -93-01). Mayor declared the Public Hearing open. City Clerk Barrera declared that the Notice of Continuation was on file and reported that no protests or objections were received. Community Development Director Zamora recalled that this is a continuation from the last meeting where the applicant requested that the item be continued; as stated by the Mayor this was for a major variance and conditional use permit. Initially staff was provided with minutes and staff report presented to Planning Commission. Items of concern were potential safety and traffic congestion concerns that Council should take into consideration. PUBLIC COMMENT The following citizens addressed the City Council in support of the request for major variance and conditional use permit: Wade Goding, Construction Manager; Mark Golison, Golison Development; Joel Falter, Katz of Kitsu and Associates; Philip Kassel, Property Owner/Yum Yum Restaurant Partner; Bruce Golison, Golison Development; Randy Christensen, Jack in the box restaurants real estate; Jimmy Babacos, Local Resident; Rick Zane, Yum Yum Restaurant Partner; Susan Oliva, Planning Commissioner. The following citizens addressed the City against the request for major variance and conditional use permit: Larry Lord. Motion/second by CM Ramos/Zamora to close public hearing. Motion carried with CM De La Rosa absent. Discussion by Council and staff followed. City Attorney Derleth clarified that the motion before them was to overturn the decision and approve the project and that staff be given direction to return with a resolution to ratify that action at the next council meeting with amendments to include conditions as recommended. Motion/second by CM Ramos/Chastain, that it is the intent of the Council to overturn the Planning Commission decision and to direct staff to prepare and return with a resolution to Council for final consideration; and the condition of approval include that the agreement with Yum Yum Restaurant to include an additional ten to eleven 2002 JUNE 04 CC/RDA/CUA REG MTG MINS 2