(1)AR 040307 Pacific Tank Lines - Laserfiche WebLink

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ITEM #1 CITY OF COLTON AGENDA REPORT FOR THE COUNCIL MEETING OF APRIL 3, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Zamora, Community Development Director SUBJECT: Appeal of the Planning Commission's decision upholding the Community Development Department's denial of a Business Occupancy Permit to establish a truck maintenance facility, due to the existence of a moratorium, on property located at 2001 West Key Street, Colton, Assessor's Parcel Number 0277-022-64-000, File Index Number DAP - 000 -591 / BOP 116-080 (Pacific Tank Lines). DATE: March 29, 2007 BACKGROUND: The applicant, Pacific Tank Lines, is appealing the Planning Commission's decision upholding the Community Development Department's denial of a Business Occupancy Permit to establish a truck maintenance facility, due to the existence of a moratorium, at a vacant industrial complex located at 2001 West Key Street, (Assessor's Parcel Number 0277-022-64-000). The applicant requested processing and approval of BOP -116-080 which was submitted to the Community Development Department on November 27, 2006. The truck maintenance yard is intended as a "short term use" of the property in replacement of their original proposal to operate a petroleum transportation facility as submitted under Development Application DAP -000-591 on May 22, 2006. The subject site has been vacant since the previous business, WMB Transportation, closed out their business license on September 2005. WMB Transportation was a business for motor freight transportation and warehousing. Since the property has been vacant for over a year, staff would interpret the proposed auto repair business as a new use on site. Upon further review staff determined that the proposed project would be in direct conflict with the current La Loma Hills/Pellisier Ranch area moratorium limitations. Staff notified the applicant that pursuant to the terms of the moratorium, the BOP could be processed but could not be approved. Subsequently, the Community Development Department denied the BOP for a truck maintenance facility. The applicant appealed to the Planning Commission at the meeting of January 23, 2007, to overturn the Community Development Department's denial for approval of the Business Occupancy Permit to establish a truck maintenance facility. At the meeting, the Commission, on a 4-1 vote, upheld the Community Development Department's denial of the Business Occupancy Permit to establish a truck maintenance facility, due to the existence of a moratorium within this vicinity. The applicant has appealed the Commission's decision upholding the Community Development Department's denial of the Business Occupancy Permit and is requesting the City Council to overturn the Commission's decision.