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I <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, an appeal of the Planning Commission's approval of the conditional <br />use permit and variance, dated June 16, 2006 ("2006 Appeal"), was brought by CIM before the <br />City Council; and <br />WHEREAS, in response to the 2006 Appeal, on July 18, 2006, the City Council <br />conducted a duly noticed public hearing on the appeal of the Applications, at which time all <br />persons wishing to testify in connection with the appeal and the Applications were heard, and <br />the appeal and Applications were comprehensively reviewed and considered; 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 Planning Commission staff report and attachments <br />thereto, the findings made in this Resolution and by the Planning Commission in Resolution No. <br />R-05-06, the 2004 Record, the 2004 EIR (including the addenda), the Revised DEIR and the <br />Revised Final EIR and the comments and responses thereto, the City Council hereby denies the <br />2006 Appeal and confirms and upholds the approval of the amendment to the conditional use <br />permit and a major variance for an overheight wall (File Index No.D-55-01), subject to the <br />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 Planning Commission staff report and attachments <br />thereto, the findings made in this Resolution and by the Planning Commission in Resolution No. <br />R-05-06, the 2004 Record, the 2004 EIR (including the addenda), the Revised DEIR and the <br />Revised Final EIR and the comments and responses thereto, the City Council hereby finds that <br />the Applications are consistent with the General Plan of the City of Colton because: <br />A. The amendment for this existing use is in accord with the Colton General <br />Plan, the objectives of the zoning ordinance and the purposes of the land use designation in <br />which the Subject Site is located. The proposed amendment authorizes (1) the installation and <br />operation of a metal shredder as an expansion to an existing scrap metal facility; (2) the <br />construction of an approximate 30' X 250" metal building; and (3) an increase in the volume of <br />railroad transloading. Such an amendment is consistent with the City's General Plan Land Use <br />and Zoning Designations for the Subject Site (see August 24, 2004, Planning Commission <br />Agenda Report at pp. 4-5; and June 13, 2006, Planning Commission Agenda Report) and the <br />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 service the <br />consumer and economic needs of the City and region; a strong industrial base highly <br />competitive within the area's labor force pool and industrial growth market.... " <br />a. The Applications propose amendments to a use that is compatible <br />with the permitted and conditionally -permitted uses in the area. <br />