(4)AR 080508 El Sombrero - Laserfiche WebLink

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ITEM #5 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF AUGUST 5, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: DARYL PARRISH, CITY MANAGER SUBJECT: PUBLIC HEARING TO: (1) REVIEW THE DECISION OF THE PLANNING COMMISSION ON JANUARY 8, 2008 TO REVOKE FILE INDEX NOS. (CONDITIONAL USE PERMIT NOS.) DC -51-00 & DAP -000-422 PERMITTING THEE SOMBRERO, INC. TO OPERATE A NIGHTCLUB WITH THE SALE OF ALCOHOL; AND (2) REVIEW THE COLTON POLICE CHIEF'S DECISION TO DENY A DANCE PERMIT TO APPLICANT ROBERT HERNANDEZ TO PERMIT THEE SOMBRERO, INC. TO CONDUCT DANCING INSIDE THE NIGHTCLUB DATE: July 31, 2008 BACKGROUND: In late 2007, the Colton Planning Commission initiated revocation/modification proceedings for the conditional use permits issued to the El Sombrero Nightclub located at 354 S. 7h Street in Colton. The proceedings were initiated primarily as a result of nuisance activities (including public nuisance disturbances and a fatal shooting), but also building and electrical deficiencies, and non- compliance with conditions of previous approvals. The conditional use permits previously approved for El Sombrero allowed the club to sell alcohol for on-site consumption (CUP No. DC - 51 -00) and to establish an outdoor dining area (CUP No. DAP -000-422). The Planning Commission formally revoked these entitlements on January 8, 2008. El Sombrero has appealed this decision to the City Council. Dance Permit During these proceedings, the applicants learned that they did not have a dance permit as required by the Colton Municipal Code. In December of 2007, one of the El Sombrero operators applied for a dance permit from the Chief of Police. On January 3, 2008, Police Chief Bob Miller sent a letter to the operators of El Sombrero denying their December, 2007 application to renew the dance permit for the club.