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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 />The Subject Site has, for more than 100 years been used in support of various railroad <br />operations.(See EIR page 4-3) In fact a portion of the Subject Site is comprised of a portion of <br />an active Union Pacific rail yard where transloading of rail cars has occurred for many years. <br />Further, a number of rail spurs run throughout the Subject Site and connect to main railroad lines <br />offsite. (See EIR page 4-3) The Subject Site will continue to be used for transloading activities. <br />These generally involve the unloading of goods and materials from rail cars onto waiting trucks <br />and other cargo vehicles. .(See page 2 - 4 of August 24, 2004 Agenda Report; EIR page 4-3) <br />Thus, the zoning, location and use of the Subject Site (i.e. property zoned "Heavy Industry" with <br />direct access to a railroad yard and lines) is such that transloading will continue to be a primary <br />activity. <br />The Subject Site is relatively flat, ranging in elevation from 964 feet in elevation to 955 <br />feet in elevation from west to east. (See EIR page 4-3) Consequently. any fencing cannot take <br />advantage of topographic differences in elevation to screen the activities occurring inside. The <br />nearest residential property is located west of the Subject Site. (See EIR Exhibit 4-1) Section <br />18.52.040 of the Colton Municipal Code provides that no storage shall be visible above the <br />height of fencing. The Subject Site's location, surroundings and use of the adjacent railroad yard <br />for transloading necessarily requires the storage of cargo unloaded from rail cars. In addition, the <br />Subject Site will be used as metal shredder facility with additional storage. As a result, and in <br />order to properly screen the transloading and shredder activities and the storage necessitated by <br />transloading and shredding from surrounding properties and the street, it is necessary to <br />construct fencing along the southerly property line of the Subject Site. Further, such fencing <br />must be high enough to screen the aforementioned activities in order to comply with Section <br />18.52.040 of the Colton Municipal Code. This can only be accomplished if the proposed wall <br />along the southerly property line is constructed at a sufficient height to screen these activities <br />and storage from the street. A height of 13 feet (8 -foot wall and 5 -foot landscaped berm) has <br />been proposed by the Applicant. The Planning Commission finds that such height is necessary <br />because such a barrier will adequately screen the transloading activities from nearby residential <br />property and, more importantly, from motorists traveling along East "M" Street. In addition the <br />height of the proposed wall will contribute to the reduction of noise emanating from the project <br />activities and the adjacent Union Pacific rail road line. <br />Approval of the Major Variance will not constitute a grant of special privilege inconsistent <br />with the limitations imposed on other properties in the same vicinity and zone because no <br />property in the vicinity has direct access to the Union Pacific Rail lines for the purpose of <br />conducting transloading activities. (See EIR Exhibit 4-1) <br />B. The City Council further finds that the Major Variance is granted subject to the use <br />of berming and landscaping in order to incorporate the Project into the surrounding <br />neighborhood and make it compatible with the streetscape and surrounding uses. <br />SECTION 5. In accordance with the California Environmental Quality Act <br />(CEQA) and the City's Local CEQA Guidelines, an EIR has been prepared. The City Council has <br />considered the information contained in the EIR and mitigation monitoring and reporting program <br />prepared for the Applications in compliance with the CEQA and the City's CEQA Guidelines and <br />hereby approves and adopts the EIR as stated in Resolution No. R-130-04. <br />SECTION 6. Effective Date. <br />adoption by the City Council. <br />RVPUB\MXM\684167.1 <br />This Resolution shall become effective upon <br />-5- <br />