2002 AGN JUN 04 I01 - Laserfiche WebLink

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Item #1 CITY OF COLTON AGENDA REPORT FOR THE COUNCIL MEETING OF JUNE 04, 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Zamora, Community Development Director SUBJECT: Appeal to the City Council regarding the Planning Commission's decision to deny File Index Number DCV -93-01 (Jack-in-the-Box), a request for Design Review, Environmental Assessment, Major Variance and Conditional Use Permit for the construction of a 2,561 square foot fast food drive -thin restaurant. DATE: May 21, 2002 BACKGROUND: The applicant, Jack-in-the-Box, Inc., is proposing to construct a fast food drive-thru restaurant totaling approximately 2,561 square feet. The proposed site is located east of Iowa Avenue, a frontage street that parallels the I-215 Freeway. The subject site is located in an Industrial Park (IP) Zone. At their regularly scheduled meeting on April 9, 2002, the Planning Commission considered and denied a request from Jack-in-the-Box for a Major Variance and Conditional Use Permit to allow the construction of a fast food drive-thru restaurant with a shortage of 24 parking spaces. On April 15, 2002, the applicant filed an appeal of the Planning Commission's denial of the Major Variance and Conditional Use Permit. Attached for City Council's review is a copy of the staff report provided to the Planning Commission. ANALYSIS/DISCUSSION: Subsequent to the appeal and during the preparation of this staff report, staff determined that the proposed drive-thru restaurant is not a use that is allowed in the Industrial Park Zone (IP) pursuant to Section 18.06.060. This section of the Code contains a table that lists all permitted and conditionally permitted uses according to each zone designation. Drive-thru eating establishments are not listed as either permitted or conditionally permitted uses in the 1P Zone. The processing of these applications in a zoning designation that does not permit the establishment of the use appears to be an oversight on the part of the staff. As a result, the City Council (and the Planning Commission for that matter) is without authority to consider these applications for the subject property. ALTERNATIVES: Since the proposed use is not allowed in an Industrial Park Zone, the City Council is without authority to overturn the decision of the Planning Commission.