(1)AR 091807 Watts Investments Appeal

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City Council Meeting - September 18, 2007 DAP -000-689 Appeal Page 2 of 4 ANALYSIS/DISCUSSION: On September 4, 2007, the City Council reviewed and discussed the revised site plans, perspective exhibits and financial analysis of benefits exhibit submitted by the applicant on August 15, 2007. The City Council also discussed the implementation of additional conditions of approval to mitigate the impacts of the project from surrounding properties and to mitigate concerns with the Project's consistency with the General Plan. The Council directed the addition of mounded landscaping fronting public right-of-way and addition of substantial sized trees along the northern property line of the project to aide in buffering the neighboring hotel to the north from the subject project. The Council subsequently deemed the proposed project, as revised and conditioned, to be an appropriate development for this area of the City of Colton. As per Council's directive, staff completed an Environmental Assessment and determined that the proposed project to be Exempt from CEQA (15332) as an infill project. Should the Council approve the project as proposed; staff would subsequently post a Notice of Exemption (NOE) with the County of San Bernardino. The City Attorney, as per the Council's directive, has formulated additional Conditions of Approval (COAs) to address procurement of an Operating Agreement and Covenant prior to obtaining building permits. A draft of that agreement is attached. The City Attorney and staff also determined that it would be appropriate that the applicant pay for the drafting of said Operating Agreement and Covenant. These conditions have been included within the draft Conditions of Approval (Miscellaneous # 13 and #14). These additional conditions would include the following 13. Prior to the issuance of a building permit, the applicant shall record against the property an Operating Agreement and Covenant that requires on-going compliance with the conditions of approval, including the following new conditions: 1. That all equipment storage and storage of materials shall be indoors or within the interior perimeter wall of the site and within the area delineated on the site plan for storage of equipment. 2. All lifts/booms and other equipment that is stored outside shall be compressed and folded down so as not to exceed the height of the perimeter wall.