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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 />WHEREAS, the City originally approved the amendment to the applicant's <br />CUP on November 16, 2004, following preparation and public review of an <br />Environmental Impact Report, and approval by the City of Colton Planning Commission <br />("Planning Commission"); and <br />WHEREAS, the EIR for the Project was challenged in San Bernardino <br />County Superior Court, and was upheld in all respects except as to three specific issue <br />areas; and <br />WHEREAS, the Court directed the City to rescind approval of the Project <br />and to perform adequate CEQA review, consistent with the Court's decision, with <br />respect to discretely defined issues related to traffic, air quality, and hazardous <br />materials; and <br />WHEREAS, following the Court's decision, the City prepared a Revised <br />Draft Environmental Impact Report ("Revised DEIR") and provided full disclosure of the <br />potential environmental effects of the Project as defined consistent with the Court's <br />decision; and <br />WHEREAS, the City issued a Notice of Preparation (NOP) for the Project <br />on October 30, 2002, and circulated it for a period of 30 days pursuant to State CEQA <br />Guidelines sections 15082, subdivision (a), and 15375; and <br />WHEREAS, pursuant to State CEQA Guidelines section 15082, the City <br />solicited comments, including details about the scope and content of the environmental <br />SACRAMENTOWBUCKMAN\33667.5 <br />2 <br />