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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 />WHEREAS, the City has conducted an analysis of the Project, consistent with State CEQA <br />Guidelines section 15183 ("15183 Analysis"), and found that it is in conformance with the analysis <br />and conclusions of the General Plan EIR, that there are no new significant off -site or cumulative <br />impacts that were not analyzed in the General Plan EIR, that there are no adverse impacts that are <br />more severe than those previously identified in the General Plan EIR; and <br />WHEREAS, on May 9, 2023, the Planning Commission conducted a duly noticed public <br />hearing for the Project, and approved the following entitlements: (1) Architectural and Site Plan <br />Review allowing the allowing the construction of two buildings; (2) conditional use permit <br />("CUP") allowing one building to exceed the applicable height limit and reach a height of 95 feet; <br />(3) variance allowing one building to provide 114 parking spaces instead of the 314 parking spaces <br />required by the City's Municipal Code; (4) Major Historic Certificate of Appropriateness allowing <br />development within the Agua Mansa Historic District; and (5) Tentative Parcel Map consolidating <br />1 I parcels into two parcels; and adopted the 15183 Analysis; and <br />WHEREAS, the City received two appeals of the Planning Commission decision by <br />Marlene Salazar Pongs ("Pongs Appeal") and by the Applicant ("Applicant Appeal"); and <br />WHEREAS, on June 20, 2023, the City Council of the City of Colton held a duly noticed <br />public hearing at which time all persons wishing to testify in connection with the Pongs Appeal <br />were heard and after fully examining the Pongs Appeal, City Council adopted Resolution No. R- <br />60-23, which denied the Pongs Appeal and upheld the Planning Commission's approvals. The <br />approval included the City Council's approval and adoption of the 15183 Analysis and the parking <br />variance; and <br />WHEREAS, on July 18, 2023, at a duly noticed public hearing, the City Council adopted <br />Resolution No. R-73-23, which granted the Applicant Appeal and modified the CUP to allow one <br />of the buildings to have a maximum height of 130 feet, and approved the Development Agreements; <br />and <br />WHEREAS, on July 21, 2023, Petitioners South Colton Families First and Marlene Salazar <br />Pongs filed a Petition for Writ of Mandate against the City in the Superior Court of California, <br />County of San Bernardino, Case No. CIVSB2317228, alleging the City Council's approvals of the <br />Project violated CEQA, land use and planning laws, and the City's Municipal Code; and <br />WHEREAS, pending this litigation, on April 2, 2024, at a duly noticed public hearing, the <br />City Council adopted Resolution Nos. R-15-24, R-16-24, and R-17-24, modifying Condition of <br />Approval Lb of the Project by reducing the required dedication for Agua Mansa Road from a 90- <br />foot full street right-of-way to a 45-foot half -street width along the Project frontage; and <br />WHEREAS, a hearing on the Petition for Writ of Mandate was held and on November 19, <br />2025, the Superior Court entered judgment and a peremptory writ of mandate, directing the City to <br />void, vacate, and set aside the Project approvals, including Resolution Nos. R-60-23 and R-73-23, <br />