2006 RES R-85-06 - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at the October 12, 2004 Planning Commission meeting, the Commission adopted Resolution No. R-10-04 certifying the Environmental Impact Report for the I Project and adopted Resolution No. R-11-04 approving the Project; and WHEREAS, timely appeals of the approval of the Applications were received by the City Clerk ("2004 Appeals"); and WHEREAS, on November 16, 2004, the City Council of the City of Colton ("City I Council") conducted a duly noticed public hearing on the 2004 Appeals of the Applications, at which time all persons wishing to testify in connection with the proposed 2004 Appeals and the Applications were heard, and the 2004 Appeals and Applications were comprehensively reviewed and considered; and WHEREAS, at the November 16, 2004 City Council meeting, the City Council adopted City Council Resolution No. R-12-04 denying the 2004 Appeals and upholding the Planning Commission's approval of the Applications; and WHEREAS, the City Council's decision regarding the 2004 Appeals was based on all of the evidence presented during the 2004 Planning Commission public hearings, the 2004 Planning Commission and City Council staff reports, Planning Commission Resolution No. R-10- 04, the November 16, 2004 City Council public hearing on the 2004 Appeals, and the findings set forth in City Council Resolution No. R-129-04, and all other written and oral evidence presented (the "2004 Record"). WHEREAS, following the City Council's decision, Hugo Neu-Proler Company dba Colton Iron and Metal ("CIM") filed a Writ of Mandate with the Superior Court of the State of California for the County of San Bernardino (the "Court") alleging that the EIR did not comply with the requirements of CEQA; and WHEREAS, the Court upheld the EIR in all respects except as to the analysis of traffic, air quality and hazardous materials, and directed the City to rescind the approval of the &a