(1)AR 112409 Appeal - CUP 195 West Valley Boulevard

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CITY OF COLTON AGENDA REPORT FOR THE SPECIAL COUNCIL MEETING OF NOVEMBER 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Robert J. Miller, Interim City Manager SUBJECT: Appeal of the Colton Planning Commission's Revocation of File Index Numbers (Conditional Use Permit No.) D-54-98 and DC -57-95, for Property Located At 195 West Valley Boulevard in the City of Colton. DATE: November 24, 2009 BACKGROUND: On April 2, 2009, Santa Cruz Tides/Puerta Bonita Inc. (the "Permittee"), submitted to the Colton Development Services Department an application for a Business Occupancy Permit Development Application requesting the issuance of a Business Occupancy Permit for El Toro Sports Bar and Grill, located at 195 West Valley Boulevard ("Subject Property") in the City of Colton. City staff, the Permittee and their attorney met, at the Permittee's request, on March 30, 2009 to discuss the City's requirements for a successful Business Occupancy Permit (BOP) application. During that meeting, City staff orally informed the Permittee and their attorney that based on staff's review of the Business Occupancy Permit application previously submitted, staff deemed the application incomplete. City staff subsequently notified Puerta Bonita via written correspondence on April 14ffi of the Department's determination. The letter explained in detail why staff deemed the application incomplete and gave detailed instructions on what information needed to be included should the Permittee decide to resubmit their application for consideration. In the correspondence, the City also reiterated its request for the Permittee's cooperation regarding the discussion surrounding the Subject Property's two Conditional Use Permits. City staff informed the Permittee and their attorney that given the history of nuisance conditions and inordinate calls for police service related to the operation of the businesses previously located on the Subject Property, City staff intended to schedule the review of the existing CUPS for the subject property at a public hearing before the City's Planning Commission. However, in reliance upon statements made during the March 30th meeting, wherein the Permittee asserted a desire to establish a safe, family-oriented restaurant business that would positively impact and serve the community, City staff provided the Permittee the opportunity to proceed with that course of action. In order to facilitate the timely completion of this process, staff encouraged the Permittee to consider initiating its own application for an amended CUP, simultaneous with its application for a