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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br /> <br /> <br />45635.01000\20241156.1 <br /> <br /> <br /> <br />RESOLUTION NO. R-30-23 <br />A RESOLUTION OF THE PLANNING COMMISSION OF <br />THE CITY OF COLTON RECOMMENDING TO THE <br />COLTON CITY COUNCIL APPROVAL OF AN <br />ORDINANCE ADDING SECTION 18.49.170 TO THE <br />COLTON MUNICIPAL CODE TO ESTABLISH <br />AMORTIZATION PERIODS FOR NONCONFORMING <br />ADULT USES CITYWIDE: FILE INDEX NO. DAP23-0004 <br /> <br />WHEREAS, the City of Colton Development Services Department filed initiated <br />amendment to the City’s current adult business regulations, including expanding and updating to <br />establish amortization periods for nonconforming adult uses citywide that are applicable to such <br />uses (collectively the “Text Amendments”); <br />WHEREAS, the Text Amendments were reviewed, studied, and found to comply <br />with the California Environmental Quality Act (“CEQA”) as more fully described below; <br />WHEREAS, on September 12, 2023, the Planning Commission of the City of <br />Colton (“Planning Commission”) conducted a duly noticed public hearing on the Text <br />Amendments at which time all persons wishing to testify in connection with the Text Amendment <br />were heard and the Text Amendment was comprehensively reviewed; and <br />WHEREAS, all other legal prerequisites to the adoption of this Resolution have <br />occurred. <br />NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION <br />OF THE CITY OF COLTON: <br />SECTION 1. The Planning Commission hereby makes and adopts all applicable <br />findings with respect to the Text Amendments as set forth in the attached Exhibit “A” as if fully <br />set forth herein. <br />SECTION 2. The Planning Commission hereby recommends that the City <br />Council adopt the attached Ordinance adding Section 18.49.170 to the Colton Municipal Code to <br />establish amortization periods for nonconforming adult uses citywide of the Colton Municipal <br />Code relating to adult business regulations. A copy of the Ordinance as well as the findings <br />contained therein is attached hereto as Exhibit “A,” and is incorporated herein by reference. <br />SECTION 3. Based on the entire record before the City Council, and all written and oral <br />evidence presented to the City Council, the City Council hereb y finds that this ordinance is <br />exempt from review under the California Environmental Quality Act (“CEQA”), pursuant to <br />Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect <br />physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in <br />Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Article 3, <br />because it has no potential for resulting in physical change to the environment, directly or <br />indirectly. <br />1.1.a <br />Packet Pg. 11 Attachment: Attachment 1. Planning Commission Reso No. R-30-23 with Exhibit- A - Adult Use Regulations (4228 : Adult Use Regulations