(1)AR 030607 Appeal - Pacific Tank Lines

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XII "EXCERPT FROM MINUTES - ONLY RELEVANT PORTIONS INCLUDED" CITY OF COLTON PLANNING COMMISSION MINUTES OF THE REGULAR MEETING OF JANUARY 23, 2007 CITY COUNCIL CHAMBERS, 650 NORTH LA CADENA DRIVE, COLTON, CA The meeting was called to order by Chairperson Perez III at 6:30 p.m. Commissioners Present Joe Perez III, Chairperson Alex Perez, Vice -Chairperson Thomas Archuleta, Commissioner Richard Prieto, Commissioner Tony Vilches, Commissioner Commissioners Absent None. ITEM G — COMMISSION CONSIDERATION Staff Present Andres Soto, Planning Manager Donna "Sky" Warden, Associate Planner Haviva Shane, Assistant City Attorney 3. FILE INDEX NUMBER: DAP -000-591 PACIFIC TANK LINES Ms. Warden read the staff report stating that the applicant is appealing the Community Development Department's denial of a Business Occupancy Permit (BOP) to establish a truck maintenance yard located at 2001 Key Street. She indicated that the applicant requested processing and approval of BOP -116-080 which was submitted on November 27, 2006. She stated that the property has been vacant for over a year and that staff would interpret the proposed auto repair business as a new use. Ms. Warden indicated that upon further review staff determined that the proposed project would be in direct conflict with the current La Loma Hills/Pellisier Ranch area moratorium limitations. She stated that staff notified the applicant that the BOP was taken in error and the application was voided and a refund was initiated. Greg Batten, President of Pacific Tank Lines, Riverside Mr. Batten stated that Mr. Soto suggested they proceed with an appeal. He indicated that they are offering to participate in an agreement to occupy and operate on a temporary basis. He stated that the Pellisier Ranch area may not always be appropriate for their type of business but also recognize that that day may be several years in the future. Ted Honcharik, Representative from Pacific Tank Lines, Riverside Mr. Honcharik stated that they purchased the property after meeting with the City to confirm that it was zoned properly. He indicated that the moratorium was imposed and has now affected their plans for the property. Mr. Honcharik stated that the utilization of that property would not have an impact on the future plans. He indicated that they would sign whatever needs to be signed to indicate that it would be a temporary use. He stated that occupancy of the vacant land would also discourage illegal activities on the property. Mr. Soto stated that he informed the applicant of their options and contrary to Mr. Batten's remarks did not provide any suggestions, recommendations or opinions on how they should proceed. Mr. Batten responded that Mr. Soto only provided options and apologized if he suggested otherwise.