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No. DAP -000-467 for property located at 2078 West Valley Boulevard and an ordinance of the City Council of the City of Colton amending sections 18.22.120(a) and section 18.36.030(b) of Colton Municipal Code amending certain parking regulations for mini -warehouse facilities The Mayor announced the continuance Public Hearing to February 7, 2006. Community Development Director Zamora announced that the applicant requested a continuance and set February 7, 2006 Regular Council Meeting for return of appeal. Discussion by members continued regarding the need to have this matter resolved by the February 7, 2006 Regular Meeting. Motion/second CM Hernandez/Ramos to approve the request for continuance to the February 7, 2006 Regular Council Meeting. Motion carried with CM De La Rosa absent. Appeal —Williams Furnace Company This was the time and place fixed to consider the Colton Planning Commission's denial of File Index Number DAP -000-510, Williams Furnace Company regarding denial of request for chain link fencing on Pennsylvania Avenue between Acacia and Laurel Street — APN NO: 161-061-36. The Mayor declares the Public Hearing "Open". City Clerk Barrera announced that the Affidavit of Publication is on file in the City Clerk's office and no protests or objections have been received. Community Development Director Zamora presented for Council consideration and approval of staff's recommendation to uphold or overturn the Planning Commission decision. At 6:34 p.m. CM De La Rosa announced that he would recuse himself from discussion of Resolution No. R-01-06 due to Conflict of Interest as he owns property within 500 yards of the project. Public Comment: Willard Harper, Plant Manager explained that in order to keep the lot clean and protect the employees he was asking for time to decide on alternative solutions to the problem. Motion/second by CM Hernandez/Ramos to close public hearing. Motion carried with CM De La Rosa absent from the dais. Discussion continued, CM Mitchell explained that he could not overturn the decision of the Planning commission. CM Suchil explained that the report stated that the applicant did not know that they could not replace the existing fence; applicant responded that the replacement was done for the employees safety. CM Hernandez explained that he too could not overturn the decision however he was in favor of allowing the applicant 3-6 months for replacement and compliance of the fence. CM Ramos asked applicant how much time he required to be incompliance with request. Applicant replied six months. CM Suchil asked on department procedures for a violation. Staff replied that it is done on a case by case, in the past this type of violation might be allowed to remain with Council direction to allow time to resolve the issue. 2006 JANUARY 17 REG CC/RDA/CUA MEETING - 3 -