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ITEM #28 <br />CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF AUGUST 19, 2008 <br />TO: HONORABLE MAYOR AND CITY COUNCIL <br />FROM: DARYL PARRISH, CITY MANAGE <br />SUBJECT: APPROVAL OF A RESOLUTION MODIFYING THE <br />CONDITIONS OF APPROVAL FOR CONDITIONAL <br />USE PERMIT NOS. DC -51-00 AND DAP -000-422 AND <br />APPROVING A DANCE PERMIT SUBJECT TO <br />CONDITIONS FOR PROPERTY LOCATED AT 354 <br />SOUTH 7TH STREET (EL SOMBRERO NIGHTCLUB) <br />DATE: August 14, 2008 <br />BACKGROUND: <br />At a public hearing on August 5, 2008, the Council reviewed: (1) the decision of the Planning <br />Commision on January 8, 2008 to revoke Conditional Use Permit Nos. DC -51-00 and DAP -000-422 <br />for the El Sombrero nightclub, and (2) the Police Chief's decision to deny a dance permit to <br />applicant Robert Hernandez to permit dancing at the El Sombrero nightclub. At the August 51h <br />public hearing, the City Council accepted the applicant's request to approve the dance permit and <br />modify the Conditional Use Permits to eliminate the nightclub use and convert this use into a <br />restaurant and banquet facility, subject to the imposition of the additional conditions of approval <br />suggested by the Police Department. The City Council directed staff to present a resolution at the <br />next regular scheduled Council meeting to adopt the modifications to the Conditional Use Permits <br />and approve the dance permit. <br />DISCUSSION/ANALYSIS: <br />In response to the Council's direction, staff has prepared the attached Resolution which approves <br />the modified Conditional Use Permits with the Amended and Restated Conditions of Approval. <br />The Resolution also includes the necessary findings which state that the modifications: (1) comply <br />with the City's General Plan; (2) will not be detrimental to the public health, safety or welfare; and <br />(3) comply with all applicable provisions of Title 18 of the Colton Municipal Code. In addition, the <br />Resolution directs the Chief of Police to approve the dance permit application submitted by Robert <br />Hernandez for the El Sombrero nightclub. The dance permit will be subject to the Amended and <br />Restated Conditions of Approval for the Conditional Use Permits. In addition, the permittee will <br />