1994 AGN AUG 16 I34 - Laserfiche WebLink

Browse Search

AGENDA REPORT CITY OF COLTON For City Council Meeting of August 16, 1994 August 10, 1994 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Julie Hayward Biggs, City Attorney SUBJECT: Repeal of Conditional Use Permit Requirement/Beer and Wine Sales As requested, the attached ordinance has been prepared repealing certain provisions of the Municipal Code relating to the requirement of a conditional use permit for beer and wine sales. The Council discussed at the meeting held on August 2, 1994 providing for full refund of all fees paid for processing conditional use permits under the existing ordinance. The Council was advised that no such refund is required and that should a refund be allowed it must be allowed to all those individuals who have applied for and received conditional use permits under the existing ordinance. The cost of such refund will be approximately $12,500. Because of the precedent such an action would establish, if the Council wishes to direct refund of those fees that have been paid, a separate action should be taken and findings should be made that reflect a legitimate public purpose to be served by such action. The applicants have received value for the fees that were paid because the fees have been established to cover the coasts of such processing. Absent appropriate findings regarding a public purpose to be served, refund of these fees which were paid for review and processing through the Planning Department would constitute a gift of public funds. The proposed ordinance is silent on this issue but approval of the refund with appropriate findings may be done by motion if the Council so elects. Concurrence: City Manager :3 4