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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF COLTON MODIFYING THE CONDITIONS OF <br />APPROVAL FOR CONDITIONAL USE PERMIT NOS. <br />DC -51-00 AND DAP -000-422 AND APPROVING A <br />DANCE PERMIT SUBJECT TO CONDITIONS FOR <br />PROPERTY LOCATED AT 354 SOUTH 7TH STREET (EL <br />SOMBRERO NIGHTCLUB) <br />WHEREAS, in late 2007, the Colton Planning Commission initiated <br />revocation/ modification proceedings for the conditional use permits issued to the El <br />Sombrero Nightclub located at 354 South 7h Street in Colton ("Subject Site"); and <br />WHEREAS, the conditional use permits previously approved for El <br />Sombrero allowed the club to sell alcohol for on-site consumption (CUP No. DC -51-00) <br />and to establish an outdoor dining area (CUP No. DAP -000-422) (collectively the <br />"Applications'); and <br />WHEREAS, the Planning Commission conducted several noticed public <br />hearings at which the El Sombrero owners and operators and the public were allowed to <br />present public testimony concerning the nuisance activities. At the conclusion of the <br />public hearings, the Planning Commission formally revoked the Applications on <br />January 8, 2008; and <br />WHEREAS, the owner of the Subject Site timely appealed this decision to <br />the City Council; and <br />WHEREAS, on August 5, 2008, the City Council of the City of Colton <br />("City Council") conducted a public hearing at which the El Sombrero owner, operator <br />and general public were allowed to present public testimony concerning the nuisance <br />activities; and <br />WHEREAS, at the conclusion of the public hearing, the City Council <br />directed City staff to modify the Applications by limiting the approved use to a <br />restaurant and banquet facility, subject to additional conditions of approval for their <br />operation; and <br />WHEREAS, all other legal prerequisites to the adoption of this Resolution <br />have occurred. <br />NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: <br />ORANGE\MMARTINEZ\49422.4 <br />