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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, timely appeals of the approval of the Applications were received by <br />the City Clerk ("Appeals"); and <br />WHEREAS, on November 16, 2004, the City Council of the City of Colton ("City <br />Council") conducted a duly noticed public hearing on the Appeals of the Applications at which <br />time all persons wishing to testify in connection with the proposed Appeals and the Applications <br />were heard, and the Appeals and Applications were comprehensively reviewed and considered; <br />and <br />occurred. <br />WHEREAS, all other legal prerequisites to the adoption of this Resolution have <br />BE IT NOW THEREFORE RESOLVED AS FOLLOWS: <br />SECTION 1. Based on the entire record before the City Council and all written <br />and oral evidence presented, including the staff report, the attachments to the staff report and <br />EIR (including the addenda), the City Council hereby denies the Appeals and approves the <br />amendment to the conditional use permit and a major variance for an overheight wall (File Index <br />No. D-55-01), subject to the conditions of approval attached hereto in Exhibit "A." <br />SECTION 2. Based on the entire record before the City Council and all written <br />and oral evidence presented, including the staff report and attachments to the staff report and <br />EIR (including the addenda), the City Council finds that the proposed amendment to the <br />conditional use permit is in accordance with Colton Municipal Code Section 18.58.060(H) as <br />follows: <br />A. The amendment for this existing use is in accord with the Colton General Plan, <br />the objectives of the zoning ordinance and the purposes of the land use designation in which the <br />Subject Site is located. The proposed amendment authorizes (1) the installation and operation <br />of a metal shredder as an expansion to an existing scrap metal facility; (2) the construction of an <br />approximate 30' X 250" metal building; and (3) an increase in the volume of railroad <br />transloading. Such an amendment is consistent with the City's General Plan Land Use and <br />Zoning Designations for the Subject Site (See page 4 & 5 of August 24, 2004 Agenda Report) <br />and the following general plan goals, principles and policies: <br />1. Land Use Element - General Objective No. 1 (pp. 2-12). "To create a land <br />use pattern which provides ... a balanced hierarchy of ...land uses which will <br />service the consumer and economic needs of the City and region; a strong <br />industrial base highly competitive within the area's labor force pool and industrial <br />growth market.... " The Applications propose amendments to a use that is <br />compatible with the permitted and conditionally -permitted uses in the area. (See <br />page 5 of August 24, 2004 Agenda Report; Page 2-1, 4-3 to 4-4 & Appendix B (3- <br />13 & 3-14 of Initial Study) of EIR) It promotes the continued development and <br />operation of a use that provides a needed service to the residents of Colton as <br />well as the surrounding region. <br />2. Land Use Element — General Objective No. 2. "To provide a compatible <br />mix and arrangement of land uses and promote future development in a manner <br />consistent with the availability of infrastructure." The Applications are conditioned <br />upon providing all required infrastructure improvements that would permit this use <br />RVPUB\MXW684167.1 <br />-2- <br />